January 20, 2009 Americans witnessed one of the greatest days in our history. President Barack Obama, the nation's first black president, was sworn into office. Tears fell and shaking hands wiped them away, overwhelmed with excitement with the days events. People everywhere felt Americans make a giant step forward.
Here I am on Thursday, February 5, disgusted by the city attorneys expression of racism recently. Racism you say???? YES Racism!!!!!!!!!
Well how about I tell you the story and you decide.
Imagine you are a police officer that has studied long and hard for the sergeant's exam offered by your police department. You wait for the results of your exam and find out that you passed!!!!!! Oh what joy must flood your heart right now, you are about to be promoted to sergeant.
BUT then you received word that you won't be promoted despite your passing test scores. WHY? No answer. As a matter of fact you are ignored while others receve promotion around you, one you know you deserve. You don't give up though you sue the police department and after 14 YEARS you receive a winning verdict! That joy you once felt has now been revived!
Oh no!!!! there's another BUT! You found out that even though you won your case and the dept has been ordered to pay you damages they REFUSE!!!! Why you ask again? because you are BLACK, and so are the other 6 members of the group that experienced the same thing as you!
That's what's happening in the City of Miami as we speak...so you be the judge, can I rightfully call this racism, or am I crazy?
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well i can't be the "judge" cuz thats not my jurisdiction...that's God's!!! :) but i can give my viewpoint and say that you can call that racism..ur not crazy. and becuz u have been given a sound mind, u also have power and love therefore pray in that power and authority for the victory that is already there!
ReplyDeleteRACISM!!!!!!!!!!! at its best, way to go miami you never let me down! this is ridiculous man
ReplyDeleteThe Assistant City Attorney working this case is misleading the city commissioners and her boss by telling them one thing and telling those black police officers attorney that she only want to offer them monies and would never approve any promotion to police sergeant, but the first group of settlement included promotion to sergeant with seniority to May 16, 1994, backpay and was allowed to take the next lieutenant exam within one year. From those that were promoted from the 1994 List, we have several Commanders, Majors, a Deputy Police Chief. Now if that is not racism at the highest level, what is?
ReplyDelete• I am sorry to hear that racism is still alive in the City of Miami. I am a fifty (50) year old black male raising two sons in Miami with one of them thinking about becoming a City of Miami Police Officer. I always tell both of my sons that in life if you want something, you have to earn it because no one is going to give you anything in life. but it is sad that this small group of BLACK Police Officer have fought 14 years for a promotion and when the Judge have ruled on their behave, the City of Miami attorney office staff is telling their attorney that all she is going to offer them is monies and no promotion. Who give her that kind of powers, what does her boss say about that does anyone knows? That’s not right. The mayor and commissioners should do something about that. Right is right and wrong is wrong. Happy Black History Month, “we shall overcome some day”
ReplyDelete• I don’t understand why the assistant city attorney would not want to settle with the six African American Intervenors now after receiving an order from The Honorable Victoria Platzer on December 17, 2008 stating who meets the requirement for damages (Mr. Vega and Frederica Burden, Raymond Carvil, Raynard Gilbert, Julius Nelson, Dwayne Pratt, and Willie M. Smith, Six Intervenors.) According to public documents dated back On Wednesday, February 28, 2007, beginning at approximately 9:00 A.M. isn’t that what Mimi V. Turin was fighting for? The Fraternal Order of Police Miami Lodge #20 and Alfredo Vega, Plaintiffs, Frederica Burden, Raymond Carvil, Raynard Gilbert, Julius Nelson, Dwayne Pratt, and Willie M. Smith, Intervenors / Plaintiffs, case came before The Honorable Victoria Platzer, in her courtroom at the Miami-Dade County Courthouse, 73 West Flagler Street, Fourth Floor. On several separate times during trial Assistant City Attorney Mimi V. Turin on behalf of the City of Miami made the following statements to The Honorable Victoria Platzer:
ReplyDelete1. On page #69 “Damages can only flow to the individually named people we have here, Mr. Vega and six intervenors. It cannot flow to any other members of the FOP. The FOP is here as a corporation. The only individuals are those seven individuals that have been named. So, no, there are no damages that can flow to any other individuals.”
2. On page #71 & 72 “And, actually, I do believe that---again, going back to the Supreme Court Hollman case, there is a problem, even it there is a determination of liability and, yes, the court says the next issue becomes damages, but, again, the City, as far as we’re concerned, we’re only dealing with potential damages of the FOP and seven people.” The FOP cannot seek back pay for those members.
3. On page #73 “That was also part of my memorandum of law. When they bring a case in an associational capacity, you have about three or four elements. I have in my memorandum, if you want me to take a few minutes. One of those elements that is required is that you do not need the individuals participation of those individuals. And what the Supreme Court has said is when you get into the particularized analysis needed for back pay, you need the individuals, and, therefore, a union cannot obtain back pay damages for the members, because then you can no longer meet the three-part test for associational standing. And there’s a few Supreme Court cases on it. I think Warth v. Seldin, there’s the Apple case out of the State of Washington, and I believe I cited one of the cases last week to Your Honor, most recently out of New York, it was a union, Lopresti.
Now the word is, Assistant City Attorney Mimi V. Turin on behalf of the City of Miami will bring before the Commission Board her recommendation to settle with the FOP and Seven people because she know again that would again stop any settlements with the Intervenors. If that’s not RACISM, to go against a Judge Order and “LIE” to her boss the commissioners with a settlement that’s not right, I just don’t know. Both Ms. Turin and the Judge now agree that “The FOP cannot seek back pay for those members that are not named in the LAWSUIT, But Ms. Turin is keeping that from the COMMISSIONERS. RACISM! RACISM! RACISM! RACISM!
Was this the same attorney that had agreed with the FOP to promote eleven individuals that did not include not one Black Male back in June 1999 in an effort to settle the 1994 lawsuit before Ray Carvil put a stop to that by going to the City Commissioners?
ReplyDelete