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Meeting Minutes

Tuesday, January 26, 2010

4:00 PM SPECIAL MEETING

City Hall Commission Chambers

City Commission

Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice-Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 26, 2010

4:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chair Sarnoff and Commissioner Suarez

On the 26th day of January 2010, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 4:23 p.m., recessed at 5:48 p.m., reconvened at 6:04 p.m., recessed at 7:55 p.m., reconvened at 8:13 p.m., recessed at 10:10 p.m., reconvened at 10:23 p.m., and adjourned at 11:18 p.m.

Note for the Record: Commissioner Suarez entered the Commission chambers at 8:14 p.m.

ALSO PRESENT:

Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk

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Order of the Day Chair Sarnoff: (INAUDIBLE) and appoint a Commissioner to District 5. I'd like to give a little bit of the procedure as to how we're going to commence this. This Commission first is going to discuss and vote on a procedure that will govern how we nominate and vote for the candidates for the purpose of filling the vacancy for District 5. The Mayor will come down; he will address the City Commission and the members of the public. Each Commissioner will then be given some opportunity to discuss what they would like to see either from a Commissioner or have their comments on the record. Then what we'll do is we'll open the floor to individuals who want to be considered as candidates. Now, I want to say one thing to you, you need to be careful of: You have to qualify. So you must be qualified. That means either before you come up here and present yourself for a candidate that you have either gone to the Clerk's office and have qualified or as soon as you're done speaking, you go to the Clerk's office and you qualify. Then what we will do is open this up for a public hearing. At the close of the public hearing, we will be told who the qualified candidates are. That will come from the Clerk. That's about as far as we can go because now it's -- I think it's time for this Commission to discuss how we wish to proceed with this process. Madam City Attorney, is there anything you need to tell us right now with regard to these proceedings?

Julie O. Bru (City Attorney): No, Mr. Chair. And good evening, members of the Commission, members of the public. I just want to remind you that there are some things about the hearing here today in terms of please, if you have any audible devices, silence them now. And if anybody is -- becomes unruly, you know, you will be barred from continuing to attend this public hearing.

Chair Sarnoff: All right.

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DISCUSSION ITEM

SP.1 10-00082 DISCUSSION ITEM DISCUSSION REGARDING FILLING A VACANCY, PURSUANT TO EXECUTIVE ORDER 10-5 OF THE GOVERNOR OF THE STATE OF FLORIDA, ON THE CITY COMMISSION IN THE DISTRICT 5 COMMISSION SEAT. 10-00082 Memo.pdf 10-00082 Executive Order.pdf DISCUSSED

A motion was made by Chair Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, establishing that the order of the meeting will be conducted as follows:

1. Candidates will present themselves to the Commission 2. Candidates ensure they've met all qualifications 3. Public hearing will be opened and subsequently closed 4. Acting City Clerk will provide Commissioners with a list of qualified candidates 5. Commissioners will cast their vote, by ballot, for one candidate 6. Acting City Clerk will receive Commissioners' ballots 7. Candidate who receives three votes will be appointed 8. In the event there's not a sufficient majority, candidates who did not get a vote would be removed from the list of candidates, further discussion among Commissioners would ensue, and then Commissioners would vote again by ballot.

Discussion on the item resulted in the resolution below.

10-00082a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING RICHARD P. DUNN, II, AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DISTRICT 5, TO FILL THE VACANCY CREATED BY THE SUSPENSION OF MICHELLE SPENCE-JONES, TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 2,2010 OR UNTIL COMMISSIONER SPENCE-JONES' SUSPENSION MAY BE REVOKED PURSUANT TO SECTION 112.51(6), FLORIDA STATUTES (2009), OR COURT ORDER, WHICHEVER MAY OCCUR FIRST.

10-00082a-Submittal-First Round of Voting for Appointment of District 5 Commissioner.pdf 10-00082a-Submittal-Second Round of Voting for Appointment of District 5 Commissioner.pdf 10-00082a-Submittal-Third Round of Voting for Appointment of District 5 Commissioner.pdf 10-00082a-Submittal-Tally Sheet-January 26, 2010 Appointment.pdf 10-00082a-Submittal-Law Department.pdf

Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Carollo, Gort, Sarnoff and Suarez

R-10-0014 Chair Sarnoff: So to the Commissioners -- one of the ways of doing this could be done by ballot. And by ballot, what that would mean is we would take a slate of the people who are candidates; City of Miami Page 4 Printed on 2/16/2010 City Commission Meeting Minutes January 26, 2010

we would have the Clerk provide to us the names. The first time we would vote, we'd all vote for one person. In fact, three of us vote for one person, pretty much, we're done, gentlemen. If not, what we would do is reduce the names of the people who received no votes; we'd come back for a revote and rediscussion [sic]. That is one way of doing it. Let me open up to discussion on how you feel about the use of the ballot or any modifications thereto, and I'm going to go to Commissioner Suarez first.

Commissioner Suarez: Thank you, Mr. Chairman. You know, in terms of the procedure, I've seen -- I have just been given this document on a number of different ways that we, as a Commission, can come to this decision. I've literally had maybe five minutes, ten minutes to look over it and think about the procedure. So to the extent that you would proffer a procedure, I would be willing to adopt whatever procedure you think is the fairest and the best way of coming to this decision.

Chair Sarnoff: All right. Commissioner Carollo.

Vice Chair Carollo: Thank you, Chairman Sarnoff. First of all, to begin, I'd like to welcome a new member of our Commission, Mr. Willy Gort. I sat here for quite a few meetings and -- actually, I got used to being with my two colleagues here, so seeing you here it's sort of usual but it's welcomed, so welcome, welcome. And your first meeting was just like my first meeting for -- a special meeting, so I welcome Commissioner Gort. With that said, I do not have a problem with the ballots. However, one thing that you mentioned -- and I want to just to open up for dialogue. Do they have to qualify before we actually vote, or if they are appointed, then they have to go and qualify?

Chair Sarnoff: No. The proper way of doing this is let the Clerk tell us who is qualified. There's no reason for us to vote for a candidate and then find out ten or fifteen minutes later that they're not qualified. So what'll happen is they'll provide us their four-minute reason why they should be Commissioner. If they have not already qualified with the Clerk, they should leave that podium, proceed to the Clerk's office, ensure they've been qualified; we'll open up a public hearing. By the time the public hearing is closed, we will know who the list of qualified candidates are. Now it's hard to imagine that those that ran earlier would not still be qualified, but they could factorially not be qualified, so I think the better suited way of doing it is to make sure the Clerk comes back to us and tells us, "This is the list of qualified candidates."

Vice Chair Carollo: Is it also possible that should we be in a tie, that we prosper [sic] additional candidates?

Chair Sarnoff: That's an interesting -- that becomes interesting. If, in fact, we deadlock and a new name emerges, I think that's something that we can take by motion at that time to change that deadlock.

Vice Chair Carollo: Yeah. Because the way I read it, it said, you know, once appointed, a candidate must qualify, but it does stipulate "once appointed." So I just want to -- and again, I don't have a problem with the way you want to do it. That's fine. I'm just bringing it up just in case we're deadlocked and we want to prosper [sic] another name or so forth, so that's why I'm bringing it up.

Chair Sarnoff: It's a good point. It's a very good point. If, in fact, at 11 o'clock tonight a new name emerges, I suggest we make a motion before the floor to break the procedure which we were operating under and come up with a procedure that would fit that person. Fair enough?

Vice Chair Carollo: That's fair. And I have no problems with balloting.

Chair Sarnoff: All right. Commissioner Gort, welcome.

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Commissioner Gort: Thank you. (INAUDIBLE) question that you asked -- it's a pleasure to be back. And I've used the ballot in the past, so I don't have any problem with it. I believe the procedures are fine with me.

Chair Sarnoff: Okay. All right. With that said, I know I don't want to be here tonight at four minutes to midnight talking about how we're going to cost the taxpayers money, so Mr. Mayor, why don't we recognize you? You can address the Commission and the members of the public.

Mayor Regalado: Thank you, Mr. Chairman. I, too, want to welcome Willy. Commissioner Gort, welcome. It's your first meeting; hard one, but you're used to the old days. I was remembering with Commissioner Gort today that we had a similar case where we voted, I think, 67 times. So the only thing that I'm asking you guys is to do everything before midnight, because as you know, today is the deadline for the appointment of the person. You know, it's been several weeks that District 5 has been without a Commissioner. And per your direction, my direction to the Manager, we kept District 5 office opened, and we believe that we have been able to address some of the issue, but this is not enough. The people of District 5 deserve a representative, and we all hope that we can get one representative today. This person, as you know, will have to run in a general election, come November, but that's another issue. The important thing is that we do the people's work. And we, our Administration, is ready to work with the person that you will decide should be the area Commissioner for District 5 of the City of Miami. It's been too long without anyone representing the district, so hopefully, today we will do the right thing for the people of District 5. Thank you, Mr. Chairman, Commissioners. We'll be here listening and participating and hoping that we can have resolution before midnight, because if not, we have to go to the other process that the City charter calls for. Thank you. Thank you, Mr. Chairman.

Chair Sarnoff: Thank you, Mr. Mayor. All right, gentlemen, I'm going to bring this back to us for a brief discussion. Maybe you can -- the reason that I'm doing this is so that maybe you can help focus any of the candidates -- and I'm going to call them candidates -- on what you would like to hear from them and maybe what you would look for in a Commissioner or what your biggest concern or concerns for the City of Miami are. And I won't pick on you first, Commissioner Suarez, because I always do, but I'll give Commissioner Gort the opportunity to state first.

Commissioner Gort: One thing -- the one thing they need to stress, the person should have knowledge of the needs of District 5, what they plan to do to fix some of the problems that they have in District 5, what kind of plans do they have, and what are their relationship with other governmental agencies. Let's face it, we need to work not only with our own Commissioners ourself [sic]. We also need to work with the other entities. We need to work with the County, with the State, and make sure we have that relationship, because a lot of problems that we have within our neighborhoods, it needs the multi-jurisdiction to take care of. So this is something I would like to hear from the individual: What has been their experience, what they have done in the past for their community, and what they're going to do -- what are their plans for the future of District 5?

Chair Sarnoff: Thank you, Commissioner Gort. And Commissioner Carollo.

Vice Chair Carollo: Thank you, Mr. Chairman. When I ran for -- when I first ran for public office, I knew that there would come a time or many times, for that matter, where I would have to make tough decisions and sometimes and many times unpopular decisions. I have often been extremely proud to say that I know my district very well, and I have a special relationship with them, and I know that they would want me to appoint someone now, no matter who that person should be. However, I must consider two, which I believe are very extreme -- and to a certain degree, extremely important issues, the first being that saying "Innocent until proven guilty." The second being does a district have the right to choose their elected official? I remember

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sitting here just a few months ago discussing this, and it was you, Chairman Sarnoff, that mentioned that the people have the right to choose, even should that decision be wrong, even should that decision be wrong. So in essence, the residents of District 5 chose who their elected official should be. And again, I stress, I know what I'm saying. It's not popular. And I'll be honest, it's not popular in my district. However, after knowing the allegations, they still chose who their elected representative should be. I feel uncomfortable appointing someone and, in essence, saying "Your decision was wrong." And I'll go a step further. No only was it wrong; we're going to tell you what's the correct decision. Now, I can tell you, should there be a citywide election, there is no doubt in my mind that the residents of the City of Miami will want us to appoint someone. However, we have elections by districts. And if we go ahead and appoint someone, I say we are not respecting the wishes of District 5 and, therefore, let's --

Applause.

Vice Chair Carollo: -- not have district elections anymore and let's run citywide then. Because I can tell you -- and I know this is unpopular -- that the wishes of the City of Miami as a whole is to appoint someone. However, I don't know if that's the wishes of District 5 -- and that's what we have right now, we have elections by districts -- even if I may not even agree with who they chose or with their decisions. But it's their right to choose. It's their right to choose. So with that said --

Applause.

Vice Chair Carollo: -- you know, it's funny, the irony. I'm a former law enforcement officer, and I can tell you, once again, the irony. About ten years ago, having seen so many arrests and so many suspects getting off, beating the system, and myself knowing that they were guilty, I still respected the system, I still respected the system, even though, deep down in my heart, I may have thought that they were guilty. So even as I sit here and consider whether to appoint or a special election and even if I know that the residents of the City of Miami, as a whole, would prefer an appointment instead of a special election -- and I will not make a motion until we all discuss it. I will not make a motion until we all discuss it -- I do feel that we should have a special election. And yes, there's detriments to that because, in all fairness, there's a cost. And if someone in this Commission has been on top of the books, on top of fiscal responsibility, it's been myself. That is also why I proffer the motion, just in case we do not appoint, requesting that the State pay for the election -- for the special election. Again, I am part of a team. I will listen to the rest of my colleagues, see what they think, see what their wishes are, and I will abide by the will of this Commission. Thank you.

Vice Chair Carollo: Commissioner Suarez.

Commissioner Suarez: Thank you, Chairman. Thank you, Vice Chairman. I guess I have a question and -- you know, I've listened to both my colleagues' comments, and they brought -- vice Chairman has brought up some interesting issues. My question first is for the City Attorney. You wrote a letter in reference to a resolution that we passed in the last Commission meeting requesting that the State of Florida pay for the cost of a special election. Have we received an answer from the State of Florida to -- you know, regarding that request?

Julie O. Bru (City Attorney): Have not received a written answer. I did receive a phone call from general counsel from Governor Crist's office, who wanted to know a little bit more about why that resolution was adopted, and I explained to him the flavor of what happened here at the Commission and why we were seeking reimbursement from the State should there be a special election again and did not receive anything in writing subsequent to our conversation.

Commissioner Suarez: So --

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Ms. Bru: I do not know whether the Governor has agreed to reimburse the City.

Commissioner Suarez: -- it's fair to assume that if we decided, for some reason, to call a special election, that we, the City of Miami, would be bearing the cost of that election, absent some contrary evidence or some contrary information from the Governor's office?

Ms. Bru: At this point, that is correct.

Commissioner Suarez: Thank you. I -- I'm very sensitive to the Vice Chairman's position. He, I think, is reflecting on a number of different realities, one of which is that the person who was suspended in this particular case, when they ran in November -- in early November, they received 85 percent of the vote, which is not an insignificant -- obviously is not an insignificant amount of public support in terms of, you know, the public's belief in that person's leadership and direction for the district. A special election was called when that particular person was suspended, and again, that person received more than a majority of the votes. So although that person's support was somewhat diminished -- the confidence in that person was somewhat diminished from the initial vote to the second vote, nonetheless the people of the district reinvested their vote in that person, and that is significant. And I think the Vice Chair makes a good point. Also, you know, he does bring up a lot of issues regarding District 1, which we discussed and debated and went back and forth on regarding whether we would appoint someone in that particular case or whether we would call for a special election, and those are all legitimate concerns. I think there are a couple of differences in this particular case. One is that the suspended Commissioner has filed a lawsuit requesting a ruling, essentially, from the Court regarding the Governor's authority to suspend her yet a second time after she was reelected, in essence. The Court -- and correct me if I'm wrong, Madam City Attorney -- denied the injunction, but has set a final hearing or a final trial on that issue for February 22?

Ms. Bru: That's correct.

Commissioner Suarez: Okay. So, in essence, whatever decision we make here, if we decide for some reason to go to an appointment process, there's a possibility that it will be a short-lived process from that perspective, and that the person who was suspended may be reinstated very shortly thereafter if it's found that the suspension was not appropriate. Also, the suspended Commissioner has, as you mentioned, the presumption of innocence until proven guilty, and that is a criminal procedural presumption that has to be borne out through the criminal legal process, and that process could, from my understanding, take place in the near future or could be extended out as far as a year or beyond, so that's another kind of due process protection that the suspended Commissioner has to determine whether or not, you know, the suspension was rightful [sic], in essence. Also, there will be an election, a general election on November 3 of this coming year, which if the Court decides on February 22 that the suspension was appropriate and the criminal charges are not -- that there's no disposition by that date, I don't think there's anything that would preclude the suspended Commissioner from running again on November 3 of this year or November -- whatever date it is in November -- the first Tuesday after the first Monday in November this year for her seat. Is that correct, Madam City Attorney?

Ms. Bru: You're stating if the Court rules --?

Commissioner Suarez: I'll clarify it.

Ms. Bru: Yeah.

Commissioner Suarez: I'll clarify. If the Court rules on February 22 that the Governor had the authority to suspend the Commissioner and the Commissioner's criminal charges, criminal trial has not been disposed of finally -- in other words, the charges are still pending, the procedure's still ongoing, you know, the trial is set for next year or whatever -- theoretically speaking. I'm

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not sure whether that will happen or not -- the suspended Commissioner would then have the right to run in the November election of 2010. Am I correct in stating that?

Ms. Bru: Under the present -- under the precedence that we have right now which governed this past election, yes, she would be eligible to again run for office.

Commissioner Suarez: So, in essence, at no cost to the City, there's three different processes by which the suspended Commissioner could be reinstated between now and November?

Ms. Bru: She could be reinstated to her office by court order, if the Court determines that the Governor did not have the authority to suspend her. She could be reinstated if the charges are dropped or if they're dismissed or if she's found not guilty of the charges, and she could be in her seat again if she runs for office again in the general election that's coming up and for some reason the Governor doesn't suspend her for a third time.

Commissioner Suarez: Well, the Governor hasn't -- didn't -- I mean, she's currently suspended. The Governor wouldn't have the right to suspend her prior to her being elected, I would suppose?

Ms. Bru: Correct. I think that --

Commissioner Suarez: Okay.

Ms. Bru: -- the scenario that I assumed was that --

Commissioner Suarez: Right.

Ms. Bru: -- the criminal charges weren't --

Commissioner Suarez: Right.

Ms. Bru: -- disposed of yet.

Commissioner Suarez: Right.

Ms. Bru: There's another election. She runs again. And then it would be up to the Governor to determine whether to suspend again or not.

Commissioner Suarez: Right. So I guess what I'm getting at, where all this is going, Vice Chairman, is that what maybe differentiates this particular scenario from District 1, the District 1 scenario that we debated, and, of course, cost was a big issue, the issue of people having a right to choose their democratic -- you know, in a democratic process, to choose their leaders, I think the problem and concern that I have is -- and if the, you know, conversation had prior to me is any indication in the way that this was set up that it may seem like an appointment was a foregone conclusion, I think the problem is that we could, theoretically speaking, have to spend an additional -- I think the last time that we asked the Clerk for an estimate on the --

Vice Chair Carollo: Hundred and eight thousand.

Commissioner Suarez: -- $108,000, have another special election that's unbudgeted by the way - - an unbudgeted $108,000 --

Chair Sarnoff: Thirty-six thousand dollars in addition.

Commissioner Suarez: I'm sorry?

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Chair Sarnoff: It would be 108 plus 36,000.

Commissioner Suarez: Okay, 150 -- approximately 143 -- wait, my math is off there -- 144.

Vice Chair Carollo: Why the additional 36? And that's if the State doesn't pay for it, which we still have not heard from them.

Chair Sarnoff: I don't think -- you really believe the State will pay for this? But $36,000 --

Vice Chair Carollo: They haven't said no.

Commissioner Suarez: I think the problem that we have with the State --

Chair Sarnoff: The best I --

Commissioner Suarez: -- issue is a time issue. We have a charter mandated process for this to kind of unfold, and so unfortunately, Vice Chairman Carollo, if the State doesn't give us an answer in the, you know, next few hours, I don't see how we can rely on that possibility unless we're willing to go without it, you know. In other words, unless we're willing to call for a special election regardless of whether the State will pick it up, you know, or not. I guess my concern is we have some serious financial problems here in the City of Miami. We have issues related to fiscal year 2009. We seem to be having some issues related to fiscal year 2010. This would be an unbudgeted expenditure, close to $150,000. We could find ourselves potentially in the same scenario because the suspended Commissioner could then run again for office. The suspended Commissioner would not need to garner the same amount of votes that the suspended Commissioner received in the last election. They would just need a plurality of the votes. And then the Governor, of course, could suspend that Commissioner a third time. And of course, you know, absent all of these potential pitfalls or, you know, this February 22 final disposition, the trial, and the upcoming election, I just think with such a short period between today and all of these different events that could bring the suspended Commissioner back here, if she was vindicated or if the Governor was not using his authority appropriately, I just think that the prudent, financial decision would be -- and again, you know, I -- obviously, I'm just one person here -- think the prudent, financial decision here would be to appoint someone and let this process play itself out. This, again, affords the suspended Commissioner an incredible amount of due process, opportunities to be heard and be brought back to this Commission, if she's found not guilty, if it's found that the Governor overstepped her boundaries, or thirdly, if she's reelected in November -- whatever the November election is. So that's my comments on -- it's November 2? It would be November 2? November 2. Those are my comments on the possibility of, you know, having a special election versus having an appointment. On the issue that the Chairman raised, you know -- and here's another issue, and it dovetails on the issue of who the Commission should look for to replace the suspended Commissioner if the Commission decides to appoint someone. This district needs representation now, okay. Now.

Applause.

Commissioner Suarez: I've been here a very short time, but I've seen in that short time -- and I think you meant -- you described it very aptly, Vice Chairman Carollo. You are the master of your domain in the sense of your district and how you know your district and how passionate you are about the issues of your district, and I certainly feel the same way about mine. And I think the district suffers tremendously and has suffered on specific things because it lacks a district Commissioner. I think the same could be said about District 1, in the absence of its representation. So I think that as these processes play themselves out, I think we need in the meantime, in the interim, I think we need to find a person who is -- who has a combination of the abilities that we're looking for in a leader, a long-term leader for the district. We need someone

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who can inspire and heal the community, and we need someone who will not repeat, you know, the situations that got us to this point in the first place, and I'm not referring to the suspended Commissioner necessarily. I'm talking about things that have happened even before that. I ironically gave a speech this week to inner-city high school students, and it was sad to see that -- they were telling me that they are afraid to walk home at night, you know. And to think that we don't have someone right now in this City that is fighting for them is a tragic failure, in my opinion. You know, I've grown up in this City. I've played basketball in these neighborhoods. Played hustle in these neighborhoods. You know, I've seen the housing conditions. I've seen the gang violence that stems from drugs, rampant drug sales in this neighborhoods [sic], and I've seen the loss of faith in some of our prior leaders. And I think because of those reasons, I think we need leadership and representation in this district immediately, so that's -- those are my comments.

Chair Sarnoff: Thank you, Commissioner Suarez. What separates this country probably from all other countries is something called the rule of law, not so much the vote. Even the most Draconian dictatorships in this world, one that many of you hail from, provide an ostensible vote. But what separates this country from almost all other countries is the rule of law and the separation of powers. And what do I mean by that? When Al Gore won the popular vote in the year 2000 and as the votes were being counted in Florida and the United States -- or I should say the Florida Supreme Court ordered that those votes continue to be counted. And as that gap was closing in terms of the number of votes that he was getting versus the President then -- I guess it would be President Bush -- and the Supreme Court intervened and the Supreme Court determined at that time the election was completed. They were the highest court in the United States, and at that moment they were the rule of law. There was no rioting in the streets. There was no civil unrest. The United States of America abided by the rule of law. And that's what makes us different than almost every other country in the world. Now we could, if you choose to, usurp the role that we play and not fulfill our requirements of appointing a district Commissioner and do nothing today so that there will be a special election as a result of our inabilities. We could do that. You (UNINTELLIGIBLE) choose, should we choose to, simply put it off and have a special election. The result is not very hard or far to figure out what would happen. Either the Governor's present order would be self-operating or he would issue a second or third order -- excuse me -- and we'd be right back here again, and we'd be on a gerbil wheel saying, "All right, what now?" We would not be fulfilling the post and the position that we, as the legislative body of the City of Miami, were judicially provided to exercise our powers. And it just seems like if somebody has an issue or somebody has a right, my recordation of it is it occurs on February 12, 2010, in front of Judge Veronica Platzer, a, you know, judicial officer of the court for the state of Florida that is going to hear what rights the former Commissioner has. But if we attempt or fail in our juridic duties to fulfill our obligations, we have violated the tenet of the separation of powers. We are acting as judges, and that is not what we're empowered or suggested to do. So with regard to whether we should do nothing -- in which case, there'll be a special election -- or actually vote to have a special election, we will be sitting up here in about ten days, fifteen days and -- sitting in front of you once again having this very same conversation, because we will have violated the rule of law. It is completely up to Judge Platzer, followed by her will be the Third District Court of Appeal, and very probably the Florida Supreme Court will decide what rights and duties the former Commissioner has. Simply put, we have an obligation to District 5 to get them representation now, not to continue in a process that is going to be nothing more than a gerbil wheel of putting us back in front of you in 15 to 30 days' time. And I'd just suggest to each of us that we fulfill the role that we've been asked to play and complete our obligations. In terms of what I would look for in a District 5 candidate honesty, integrity, voracity, and certain toughness. It's probably the toughest district in the City of Miami to represent. It is the poorest district in the City of Miami. And when the economy turns, the first people to feel it are the poorest people. There's less resources to go around. And what I am looking for in this next candidate is for somebody who thinks outside the box, somebody who doesn't go back to the very simple old ways of doing things as they've been done for the past 25 years, because as I see it, it hasn't worked in the past 25 years. So I look for

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something new, something fresh, and some new insights, 'cause without new insights, I can promise you the next year's budget will hit you worst than anywhere else in the City of Miami, because that is coming down the track. This ship is still headed towards Niagara Falls. It has not turned around. Maybe it's not proceeding at full speed ahead; we're still going towards the Falls. And anybody who thinks differently should just take a look each month as we fall a little bit further behind. And I do not fault this Mayor or this Administration one iota. It is just the fact of where we find ourselves right now. We're all on a life raft, and we're all heading towards the Falls, and unless we start paddling or somebody figures out a way of getting outside of that boat and a brand-new approach, we're still headed towards the Falls. So with that said, we do need to have a procedure. And Commissioner Suarez -- well, do you wish to make a motion, Commissioner Carollo?

Vice Chair Carollo: Thank you, Mr. Chairman. Like I said, that I will abide by the will of this Commission. It seems that, unless I am interpreting wrong, the will of this Commission is to begin the process of appointing. And if not, so speak. I do have to say that should we choose or have a special election, as long as we mention what the date of that special election is and call for a special election, we are fulfilling our duties. And if not, again, as I mentioned before -- I'm not an attorney, so an attorney could interpret it different. But in section -- of our charter, Section 12, subsection C, it clearly states if the City Commissioners shall fail to comply with their duties as set forth in this section, then and in that event, the Court is hereby empowered and authorized to enforce compliance with this act or to call an election itself to fill the vacancy or vacancies on the City Commission or in the office of the Mayor. And if you read subsection B, it clearly states how the Commission can appoint or can actually call for a special election. And with either one, we are fulfilling our duties. With that said, I'm not going to prolong this because I feel that the will of the Commission is to appoint someone, and I said that I would abide with the will of the Commission. So with that, I'll give the floor to either you or Commissioner Suarez.

Chair Sarnoff: Commissioner Suarez, you wish to make a motion with regard to the use of the ballot?

Commissioner Suarez: No. Again, Mr. Chairman, I think it should be -- you're the Chairman of the Commission. I think you should set out the procedure by which we handle this process. I think that's in your purview. I would, however -- I'm not sure if it makes sense to make a motion with reference to not having a special election or going with an appointment, or I think -- do the Vice Chairman's comments suffice?

Vice Chair Carollo: Mr. Chairman.

Chair Sarnoff: Go ahead.

Vice Chair Carollo: As procedure, I just need to ask this question. I have a question for Madam City Attorney. Madam City Attorney -- and again, don't read into this, please, but I have to pose the question -- can Ms. Spence-Jones be appointed? Again, don't read into this; just as process, I need to ask this question. Can Ms. Spence-Jones be appointed?

Ms. Bru: I'm going to give you my opinion based on the current status of the law and probably tempered with a bit of practicality. I believe that Michelle Spence-Jones is prohibited from performing any official act, duty, or function of public office. That is so because there's an executive order that was issued by the Governor of Florida saying so. And I believe that that executive order would make her incapable of performing the duties of the office to which you would be appointing her, so in reality, it would be an exercise in futility if you were to appoint her. Can I tell you that, legally, I'm absolutely sure that she is ineligible to be considered for appointment? There is an ambiguity in the law. Because as we know, there is case law with a different set of facts, and the case law that we had relied on previously to allow her to run for

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office, which the Governor relied on in allowing her to run for office, had to do with a County Commissioner who had been suspended and then resigned from his office and then ran for that same office to fill the vacancy that he created when he resigned, so those facts are a little different. And I would opine and give you my opinion that based on the suspension order, she would not be able to perform the duties of the office that you have to fill today, if you fill it today.

Vice Chair Carollo: Thank you. And I have to do a follow-up question. The follow-up question would be should there be a special election, would she be allowed to run for office? If she's not allowed to be appointed, can she run for office?

Ms. Bru: Again, it has been the practice in this community, in this County, based on that case, the Jimmy Burke case from the -- decided by the Third District Court of Appeals, that has been interpreted for the proposition that for an election, an individual may run to fill the vacancy created by the suspension. Now, again, I -- you know, I -- this is something that eventually will get determined in a court because it is ambiguous. In that case, he had resigned from the office, so there might not have been a suspension pending at the time that he ran for office. But based on past practice, on the history of this community, and the way the courts have treated it, and the way that the Governor treated it, he did nothing when she ran for office, so I'm assuming she can run for office again.

Vice Chair Carollo: Thank you.

Chair Sarnoff: All right. I'm going to make a motion that the way we conduct this, we allow the candidates to present themselves, that they then subsequently ensure that they're qualified; we'll open up a public hearing; we'll close the public hearing. The Clerk will provide to us all of the qualified candidates. What we will then do is by ballot, vote for one candidate, hand the -- our particular ballots to the Clerk. If, in fact, there are three people who have voted for one candidate, obviously, that person is then the appointee. In the event there is only -- there's not a sufficient majority, anyone who did not get a vote would drop down, and we'd have further discussion and then a vote once again by ballot. That's my motion.

Vice Chair Carollo: There is a motion on the floor. Is there a second?

Commissioner Suarez: I'll second the motion.

Vice Chair Carollo: Second by Commissioner Sarnoff [sic]. Any discussion? Hearing no discussion, all in favor, say "aye."

The Commission (Collectively): Aye.

Vice Chair Carollo: Any opposition have the same right to say "nay." Motion passes.

Chair Sarnoff: All right. So what we will do now is -- and I want to make sure that the candidates or people who wish to present themselves as candidates get up. I do not want anyone right now to speak that's other than a candidate, 'cause -- let's just leave it at that. So anybody wishing to present themselves as a candidate, you will have four minutes to present to this Commission any of the things you've heard us discuss, any of the reasons why you would make a good candidate. I will not restrict anybody from commenting upon another candidate. If there's something you think this Commission should know about one, so be it. And then I will give, one more time, the candidates the opportunity to come back -- I don't want to say to reply, but at least another opportunity to then be questioned by the Commission. So you should have two opportunities. I stress this once again. Go over to the Clerk and establish for yourselves by hearing the word "yes," that you are qualified. Do not find out when the Clerk gives us the list that you're not qualified. Fair enough? All right. If you would start forming a line, whoever wishes to present themselves for a candidate. Reverend Dunn, if you would state your name for

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the record, and you will have four minutes.

Richard Paul Dunn, II: Thank you. Richard Paul Dunn, II. If I may, Mr. Chairman, Vice Chairman, and Commissioners, ask first of all those persons who are here in support of my appointment, would you please stand? Thank you very much. We have representation, a cross section of this community, as was evident in the election, even though the numbers were not as favorable as we would have liked them to be. Based upon what Vice Chairman Carollo said, the will of the people was in the event that the former Commissioner cannot -- and it has been decided -- be appointed or a special election, I was the second top vote getter, the will of the people. The closest person was almost -- it was by a 2-1 marger [sic]. I believe that weighs heavy. Not only am I happy to be here today; I'm here with my lovely wife, Daphne, of 23 years; my son, Richard, III, 21 years, student at Miami-Dade Community College; my youngest son, Brandon, 18 years old; my cousin/aunt, she's the matriarch of the family, Ms. Ivis Richardson; and we have a plethora of ministers who represent a cross section of this community. I'm going to ask them to stand. They represent thousands in our community. I'm going to ask all the ministers, if you would stand? I have served this community since 1988, where I served as a member of the City of Miami Zoning Board. I served there for two years. I was appointed in 1996 as a Commissioner for two months, until I was forced to run in a citywide election. After the loss in that citywide election, yours truly was one of the plaintiffs who filed a lawsuit for single-member districts. Even though I was a plaintiff for the lawsuit for single-member districts, I chose not to run, so my efforts were not self-serving. It was for the good of the district, so that District 5 could have representation. In addition to that, I've also served as a plaintiff for the Miami-Dade County School Board in 1996/97. I served on the Civilian Investigative Panel for approximately two years. Not only did I finish as the second top vote getter in this election, but also in the 2005 election, which was highly contested, and I only lost by about -- in the primary where there were nine candidates, by a total of about 251 votes. In the head-to-head contest, by only about 501, even though I was outraised about 335,000 to about 80,000 or $70,000. It is evident that people know Richard Dunn. Richard Dunn has served this community, not from a selfish perspective. Yes, many things have been said about me. Some are true, some are -- most are not. In spite of what has been said, I have been able to lead and serve this community in a respectful manner. Anyone who knows me know that I will tell you the honest God's truth, whether the truth hurts or not. Whether it's reflective on me, people will see. One of the things, though, I must say -- and I'm going to put it on the table -- that I think this is a great opportunity, because for about 19 years I have been demonized about what allegedly took place not in my father's church, but in my grandfather's church. I have given each of you a sworn affidavit addressing what took place that is corroborated by the 's article, where the board of trustees and deacons found no reason to take disciplinary action. I was never charged. And that thing hurts me, because if you've ever been lied on, if you've ever been a person of -- victimized by rumors, you understand. And I realize that, you know, that's par for the course. But I believe -- in addition to that, I have a support base that transcends just African Americans. I have great relationships in the Anglo community. I have great relationships in the Hispanic community. I have great relationships in the Haitian community. Miami is a multicultural, multiracial community. It needs someone who can be even-handed, level, and who has established a relationship and relationships over the years. Given the above forementioned [sic], not only am I a long-time servant -- I believe, out of the names that have been proffered, I have lived in the district longer than anyone else. My family -- I reared my children in the community. My wife teaches in the community. I work in the community. I eat in the community. I am a part of District 5.

Chair Sarnoff: Reverend, I'm going to ask you to wrap it up.

Mr. Dunn: Yes, sir.

Applause.

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Chair Sarnoff: You just changed the rules. Now it's five minutes a person.

Mr. Dunn: Oh, okay. I'll respect it, Mr. Chair.

Chair Sarnoff: That's all right.

Mr. Dunn: I will be humbly appreciative to have the right, once again, to serve this community, not from a selfish perspective. I have a very, very wonderful church in Faith Community Baptist Church. My family supports me and this community supports me. Thank you very much, and I hope that you will consider me as the appointee.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Can I get another candidate. Dufirston, can you give us your name and address.

Dufirston Neree: My name is Dufirston Neree. My address is 166 Northeast 54th Street, Miami, Florida 33137. Good evening, Commissioner Suarez, Vice Chairman Carollo, Chairman Snaroff [sic], Commissioner Gort, Mayor Regalado, wonderful people who care about the City of Miami. I believe that the Commission and the Mayor has [sic] a responsibility to give our community a representation now, and I believe that as one of the candidates seeking the appointment, who also ran in the special election in -- on January 12, that I am one of the best choices that you could appoint in order to serve the people of District 5. I have a deep, deep, deep connection to District 5: I was born in Haiti, like many of the residents in District 5; I was raised in by virtue of the fact that I went to school there eight years at Holy Redeemer. I was the valedictorian at Holy Redeemer. I also have a deep connection by virtue of the fact that I was educated at Curley Notre Dame, which is in the heart of the district, near the Design District. I was third amongst a class of 109 people. I had the great fortune of also going on playing four years of football at Brown University. My college football coach is the University of Miami offensive coordinator. I also had the great fortune of returning at the age of 21 to do what I want to do for the rest of my life, which is serve people, public service. I embarked on it at the age of 11. I have a legacy in District 5 that I established at the age of 21. It still stands in front of the Arthur Teele Community Center. After doing that, I spent three years further investing in becoming a qualified public official by acquiring a master's degree at the Harvard Kennedy School of Government. I know that people cannot live on government alone, and hence forth, I invested another two years getting a master's degree at the Harvard Business School. I have a connection with every person in the City of Miami from Latin America. I spent three years working for the InterAmerican Development Bank, largest source of capital to Latin America and the Caribbean. I raised over $1.2 billion helping countries finance their roads, build power plants to give people the right to have electricity 24 hours a day. I've helped companies in Texas do business in Peru and finance the largest national gas pipeline on that continent today. I believe that skill sets gives me the fortunate opportunity on Thursday to walk in, if you appoint me, and be ready to go to work to do the business of the people that I grew up with, that I've lived with, that I've always wanted to serve. My track record as an aspiring politician ranges from 2006, when I ran for Congress, till this present time where, when I saw our community in need, I presented myself as someone who wanted to help resolve that problem. And I'm very grateful for the diligence that all of your staffs and you have afforded me in interviewing for the position. And I would be most honored and grateful, but most importantly, ready to help you work for the people of District 5 to advance the City of Miami forward. Thank you.

Chair Sarnoff: Thank you.

Applause.

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Chair Sarnoff: David, would you state your full name and address for the record.

David Chiverton: My name is David Chiverton, 946 Northwest 46th Street. Commissioners, thank you for the opportunity today. I've lived in this community, District 5 particularly, for 34 years, as growing up, and I had the opportunity -- I purchased my home back in this community. I've worked from the ground up. Back in 1996 there's a Park that was about to be closed down by the City of Miami. I worked with our Chamber of Commerce, Group 5, to revitalize that park, put it back in action. I'm a person who worked in the community not for the accolades, but for the purpose of improving the quality of life and bettering things across the board for all different ethnics [sic] groups. I'm a founder and still remain the president and CEO (Chief Executive Officer) of FOCAL, the Foundation of Community Assistance and Leadership, which, before you in a couple of days, you'll make a decision on. That entails as a community center at your City of Miami Moore Park that entails an after-school learning center with emphasis on Math and Science, something that, over the years, has been explained to be one of the weaknesses of our community for our inner-city children. I'm the chairman of the Martin Luther King Economic Development Corporation to which, when I joined the corporation, we had to build it back up. In a couple of months, we'll be demolishing that place, that center, and building a new center roughly close to five and a half, six million dollars that would service the community. I've raised four children in the community, three of which have already graduated from college, one of which I'm waiting to get there. Can't wait till she gets there. But more than that people, I've serviced. I didn't bring a fanfare with me. I brought my resume, which I've submitted to all of you. I've worked it from the ground up. You don't have any controversy to deal with with me. I have nothing to explain to you, other than what I've done over the past 25 years for this community. I don't think I really need 25 minutes or 20 minutes or 5 minutes. You understand that this community needs to move forward. The challenges facing District 5 is such that if it doesn't get the representation, somebody to lead it, then we're going to be left out, as we have been in many instance [sic] already. You're moving money, moving projects. There's a budget coming before you in a couple of months. Those are things I understand. I understand government. I've worked through government, both through the City of Miami. I understand the dealings with the crime. I'm probably the only one who's had the connection to deal with the federal, state, and law enforcement through our Weed and Seed division, which is a Department of Justice initiative. I'm looking for your support today, because we can move this community, and I'm capable of doing it. And the controversies that surround anyone else, I'm not here to discuss that. I'm here to offer myself as a qualified candidate this time that can move District 5 forward. Thank you very much for the opportunity, and I hope I get your support.

Applause.

Chair Sarnoff: Sorry. Can you state your name for the record.

Alison Austin: I am Alison Austin. My address is 1140 Northwest 58th Street, area -- ZIP (Zoning Improvement Plan) Code 33127. The best way I could say who I am is to say I, Alison Austin, am a product of Liberty City. A few years ago I was sitting at a sermon in my church at the Church of the Open Door, and the sermon -- the topic of the sermon was "Does Anything Good Come Out of Liberty City?" And there were young people sitting there with me. One of them was my daughter, who was a student at Miami Northwestern at the time, in the 11th grade. And she turned to me and she said, "Mommy, I am something good that comes out of Liberty City." That child just graduated magna cum laude from Howard University in May.

Applause.

Ms. Austin: Along with that child, there were 15 other children that went to Miami Northwestern Senior High School, one of the toughest high schools in our district. Those 15 children lived 4 of

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their high school years in my living room, because I was in walking distance from that school. Every one of them graduated this May or June from universities all across this country, because we helped them believe that they are something good that comes out of Liberty City. Now, what's the problem with that? The problem with that is none of them want to come back. They just graduated from schools all over this country. Three have been accepted into law schools, one's studying biomedical engineering, another is in medical school in Chicago, and none of them want to come back to Liberty City to serve. We have a problem, gentlemen. Now, I've been asked by members of my community to serve for them on District 5. This was not a decision that came lightly. For too many years in my community I've watched negative things happen in this environment that affects my people. I was born in Liberty City, in Miami, in brown sub. My mother and father were born in Liberty City. My grandparents are part of the fiber that built this community. I matriculated through Dade County Public Schools. I went to Miami-Dade College. I have a master's degree from Florida International University. I raised my daughter and mentored countless others. I can't tell you how many letters of recommendations I write every day for children in this community that have the opportunity to go to college, because it is the answer, it is the way out of poverty and towards success. I live, I work, I worship, I serve in this community, in District 5. I currently serve as the chief executive officer for the Belafonte Tacolcy Center, a landmark in our community that served nearly a million children and families for 43 years. I can walk to work. I love that. I can walk to church. We just got a new bike club, the first bike club in Liberty City at the Belafonte Tacolcy Center, because we're teaching green concepts to our children. It is the future. If they are not ahead of the game, they continue to be behind the game, and we all know the answer to that story. I've been blessed and fortunate to live in other parts of the world. I worked for the Organization of American States. I lived in St. Vincent in the Grenadines during that time. My job was community development. We helped the people in those countries understand the patrimony of their country and the importance of their protecting the patrimony of their country. My vision, my passion, my mission is education. Without it, our children will not succeed. They won't believe they have the right to sit on this dais. One of the things I like most about Miami is that we are uniquely diverse community, but this dais doesn't yet reflect that. I am concerned about the citizens, the residents, the homeowners, the homeless people of the City of Miami. The fact that we will serve District 5 is really just an extension of the City of Miami. And when the Chairman spoke today about the poorest district, poverty is like a cancer, and if you don't correct the cancer in the arm of Liberty City, I guarantee you, it will spread through the body.

Applause.

Chair Sarnoff: Allison, I need you to conclude.

Ms. Austin: So in closing, I say to you, I've done a lot of things in this community. We launched the first Children's Defense Fund Freedom School in 2009, in 2010. With the help of the Children's Trust, we will serve seven additional sites. My passion and belief is in this community. I say to you look at the unique diversity that we offer and consider the opportunities that I bring. Thank you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: All right. Oh, there you go. Erica, would you state your name and address.

Erica Wright: Yes, I will. My name is Erica Wright. My address is 269 Northwest 7th Street, Unit 421, Miami, Florida 33136. I live in . Good morning -- I mean, good afternoon to Mayor Regalado, Commissioner Sarnoff, Vice Mayor [sic] Carollo, Commissioner Suarez; and Commissioner Gort, nice to see you again. My name is Erica Wright, as I mentioned. I'm a product of all of my experiences, which include growing up in Atlanta and also living in Miami

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for the past 15 years. I'm a graduate of Spelman College, cum laude with a major in international politics and economics and a minor in management and organization. I originally came here, but I stayed as a result of coming to the City to attend college at the -- I mean, attend law school at the University of Miami School of Law. I've been an attorney for 12 years, which includes working here at the City of Miami as a former assistant City attorney for four and a half years between the time of 2000 to 2005. My experiences included also becoming board certified in city, county, local government law, so that means that I have the experience to understand some of the issues that are face -- that have faced the City in the past as well as the experiences that will face the City in the future. I also bring to the table the knowledge of the workings of other cities, other state, and county government as well. I have a working knowledge and understanding of the City charter because I worked with the Charter Review Board. I've worked with the Parks Advisory Boards [sic], the parks, and all -- a lot of different agencies that the City of Miami has. I also am a former member of the Miami-Dade County Commission on Public Trust and Ethics. My experience is diverse, and it includes being a resident of District 5, supporting the businesses in District 5, and making sure that I see each and every district of district -- I mean, each and every aspect of District 5. The Miami Herald often talks about, even in today's paper, that -- the bottom part of District 5. The southern part is Overtown. District 5 goes from Miami River all the way up to the tip of Little River. We need a Commissioner -- like the Commissioners have said, we need a Commissioner now. The courts can decide what they want, but our district needs somebody to help represent it and to deal with the issues that the City has before them. We also have issues not only for the district, but the City as a whole that needs a great collection of minds to deal with them and to deal with them innovatively. Commissioner Gort, when you were sworn in, you talked about the new generation. You talked about getting the new generation involved. I am for the youth, giving them opportunities; cherishing and supporting our elderly, preserving the legacy of our neighborhoods, which are distinct and unique, but at the same time finding a way to bring the entire district together. I am a uniquely qualified candidate for this position. And when we talk about restoring the public's trust, I think appointing me with a clean background and with a knowledge of the City, who can handle the issues of the City, hit the ground running, is what the district and the City needs today. So I hope that you seriously consider my candidacy. And I welcome your questions and your support.

Chair Sarnoff: Thank you.

Ms. Wright: Thank you.

Applause. Chair Sarnoff: Pierre, can you state your full name and your address.

Pierre Edmond Rutledge: Pierre Edmond Rutledge, 798 Northwest 55th Street, Miami, Florida 33127. Honorable Mayor Regalado, Mr. Chairman, Commissioners, good evening. I stand before you to seek your favorable consideration as the next Commissioner of District 5. And I would like to address you in the same manner I ran my campaign, with straight talk and smart solutions, without enemy [sic] or negativity towards anyone. On the contrary, if selected to be your colleague, my mission will be to continue the harmony and team spirit that this Commission has demonstrated over the past couple of weeks. Pierre Rutledge will serve as a conduit for meaningful conversation about our City's immediate future, about creating jobs, about reducing crime, about maintaining our workforce, and about protecting our citizens, and about providing more park activities for our youth and our seniors. Over the past 20 years, I've served on the board of directors as a charter member of the Liberty City Optimist Club, which goes back to 1990, the Overtown Youth Center, which I served for over the last five years, the Belafonte Tacolcy Center Board, which I had the dubious -- I had the distinction of casting a vote to hire one of the other candidates, Spectrum Programs, Incorporated, which deals with drugs and alcohol abuse. As a native of this great City of Miami and a life-long resident of District 5, I'm cognizant of its past. But you know, I'm bolstered by its future. Through all of this I am infused

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with the knowledge that the citizens of District 5, as well as all of the residents of the City of Miami, desire to see our City prosper. Each of us craves a safe environment, economic growth, and accountable government. District 5 is no different from the districts that you serve. We seek stable, responsible leadership who can demonstrate sound, fiscal, financial ability. There were some questions asked by you all, and I will attempt to quickly answer them. And you asked each of us to address them. Commissioner Gort, I had the honor of serving in City Hall when we ran district wide for a former Commissioner, Miller Dawkins, after serving a stint with you as your colleague in a company that you helped found, so I understand budget. I understand the City's finance. I understand City government. Presently, I'm a 13-years employee of Miami-Dade County Public Schools, which is the largest employer in Miami-Dade County with over 50,000 employees and over 330,000 students, both children and adults. Commissioner Carollo, I do believe in being innocent until proven guilty. Does a district have the right to choose their elected officials? They do. Things have happened here that are beyond our control. Commissioner Sarnoff, honestly, voracity, integrity, toughness, and an out-of-the-box thinker. I'm all of those. Commissioner Suarez, I do believe in the process running itself, running its course. It's the American way. And I applaud you for even bringing that to the table. In closing, I stand here today on the shoulders of many individuals who have died working to improve the City of Miami. I'm the grandson of immigrants, so I share with a lot of you that -- in my personal growth and development. What does it bring? It brings toughness. It brings an understanding of diversity. And it brings compassion and understanding. One thing that keeps me grounded when you start talking about a moral compass and where do you want to go and why do you make the decisions that you make. I was born and reared with the understanding that failure is not an option. Quitters never win. If you quit, you'll never win. I understand today you're tasked with a very, very tough decision. But without any reservations, I offer myself as a person who you could put your trust in to join your team that will continue to move District 5 forward. I'd like to thank you for your time and your consideration, and most of all, I'd like to thank the City -- citizens of the City of Miami for allowing me to offer myself for service. Thank you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Is there anyone else present who wishes to offer themselves as a candidate for the District 5 Commissioner?

Charles Flowers: My name is Charles J. Flowers. I've been living in Miami for the last 75 years. I grew up in Miami, District 5, attended Booker T. Washington High School; attended Dorsey after my parents moved to Liberty City, because of 95; served in the U.S. Air Force; served two years in the U.S. Navy; served two years in the U.S. Army. I have served this City for many years. I have served on many boards, as I presently do at this moment. I've served in the - - I was appointed by Humberto many years ago. It was the Affirmative Action Advisory Board, which I was chair; City of Miami Zoning Board for eight years; Overtown Advisory Board for 14 years; City Waterfront Advisory Board, as I presently serve at this moment. I have served Miami-Dade Enterprise Zone. I have served Dade Empowerment Zone Trust. I've served Miami-Dade Blue Ribbon Committee. I was on the Aviation Noise Abatement. I served St. John Community Development Corporation; chairman, Economic Committee. I've served as president and chairman of Civic Association; a member of Miami Neighborhood [sic] United. Veteran service: I am a disabled veteran of the United States military. Business: I am the second African American to own -- to become a bail bondsman in the whole state of Florida, which I still hold that license, although I'm retired. I'm the first African American to own an airline licensed by the Department of FAA (Federal Aviation Administration), which I retired in '98 when I was called by the Department of Defense to go over to Japan for two years. I have served and worked and taught in Miami, so ain't nothing new. I don't have to read a history book. I lived history in Miami. I have attended Phyllis Wheatley. I completed Dunbar, Booker

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T, and Dorsey. Also Tuskegee Institute in Tuskegee, Alabama. Yes, I'm a Tuskegee airman, proudly to say that. The reason I'm here now, I'd like to help my district as a caretaker. I'm not elected; I would be appointed. And if appointed, I will not seek election. The district need representation, and I'm here for that. I have six kids; three live in Miami, other live other places. I have a son who is a pastor of a church. I have a grandson who work at the airport in security. He's in the first-class of security there at the Miami International Airport. I have served and would still like to continue to serve this community. Those who want to -- those who offer their service -- I heard all the presentation, and I even applauded them as they spoke. Miami is unique and not a ghetto, as it's been said. I grew up Overtown. We had everything Overtown that you have downtown. We didn't have to go downtown. We had streetcars up 2nd Avenue and down 3rd Avenue in Overtown. I would like to see that continued. As I said early [sic], I was a law enforcement officer for the state of Florida, Dade County, and also served two years as an investigator for the City of Miami Police Department.

Chair Sarnoff: Mr. Flowers, you need to wrap it up.

Mr. Flowers: Well, I made my statement of why I would like to serve, as I'm already serving the City of Miami. Thank you, sir.

Chair Sarnoff: Thank you, sir.

Applause.

Chair Sarnoff: Is there anyone else who wishes to present themselves for a candidate for the District 5 Commission [sic]? All right, hearing none and seeing none, is there a Commissioner that wishes to bring forth a candidate that they know is duly qualified?

Commissioner Suarez: I would ask -- I think we're -- according to your procedure, we were going to go to the public hearing.

Chair Sarnoff: We are. I just want to make -- I want to -- as long as the -- I just want to make sure that there is not somebody --

Commissioner Suarez: We're missing someone, right. I see what you're saying.

Chair Sarnoff: Just so that the public can know who it is.

Commissioner Suarez: Absolutely. Thank you.

Chair Sarnoff: All right. So now the public hearing is now opened. Anybody from the public wishing to address --?

Commissioner Suarez: Chairman, can I respectfully request a very, very small recess?

Chair Sarnoff: Sure.

Commissioner Suarez: Thank you.

Chair Sarnoff: Why don't we be in recess for seven minutes?

Commissioner Suarez: That's fine.

Chair Sarnoff: All right. Thank you.

[Later…]

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Chair Sarnoff: All right. As we left this off, we were about to go to a public hearing. I want to make sure of one thing. Has every candidate gone to the Clerk and determined that they are qualified? My last warning on that. And the last thing I'm going to say is there anyone else who wishes to present themselves as a candidate for District 5? They have to be present. All right. Right now I'm going to open up the public hearing. Anybody wishing to speak before the Commission may do so -- I'm going to ask that Hadley [sic] Willis, Eileen Broton please come up and speak first so we can get a quorum going for the Homeland Security [sic] Board.

Pamela Latimore: Excuse me, Chair. Is [sic] there's anyone in the audience in need of a Spanish or Creole interpreter, will you please let me know so that we can release them if --?

Chair Sarnoff: All right, we'll make sure that you get up number three. You're going to be limited -- how many people, raise your hand, intend on speaking? Okay, I'm going to limit it to two minutes. You may speak on two issues: One, any of the candidates; two, what you would like to see the District 5 Commissioner achieve. I will hold you to those two topic areas. You're recognized for the record, Ms. Broton.

Hattie Willis: Okay, Commissioner Sarnoff. First of all, my name is Hattie Willis, okay, and I preside [sic] at 5510 Northwest 1st Avenue, Miami, Florida 33127. Commissioner Spence-Jones appointed me as the roundtable chair of District 5. I sit on the Homeland Defense Board, which that's why I'm speaking first, because I need to go to a meeting. So what I want to say to you is - - and I sit on several other boards. And I am my community liaison to the City. I'm also the neighborhood association president. I've been doing the things that I've been doing in the City of Miami for the last 17 years, and most everyone here knows me. I've been knowing the Mayor since he was sitting on the dais, and he was always a good friend of District 5 and has always supported us. To the new people here, I thank you for listening to me. I want to say something, Commissioner Sarnoff. You touched my heart just a few minutes ago, 'cause I really didn't think that you knew what went on in District 5. And we live on the gerbil wheel everyday. Now -- because for 11 months we have not had anybody to take care of our community, and this is serious, guys. And I want you to hear me when I say this. We're about to have an influx of people come into our country from Haiti right now, and they don't speak any English. I live in the heart of . I have a NET (Neighborhood Enhancement Team) commander -- the police commander that speaks Cuban. He's Cuban/Spanish; no Creole. I have a NET administrator who speaks English. He doesn't speak any Creole. Everyday when I get up in the morning, every dollar that I spend economically, I don't spend a dollar in my community. I leave my house and go to Commissioner Sarnoff's district. I go to your Dunkin' Donuts, your Wachovia, your Publix. That's economic disaster for my district. I have nothing. I have a Pizza Hut. I don't have a -- I don't have anything in my district. So I take what I do very seriously. And I've worked with this City for 17 years to make my community better.

Chair Sarnoff: Ms. Willis.

Ms. Willis: And I'm going to end it. And I'm -- and what I want to say to you is the reason why I'm standing here is because of that and that's the reason. And I would ask you to consider Ms. Austin as the serious candidate, and to say also to you that the best of the best was here. And I find nothing wrong with any of the candidates. I'm not here to be the divisive or divide or say anything disrespectful about anybody, but we need change that we can see. And for 25 years we've been doing the same thing. Thank you.

Chair Sarnoff: Thank you.

Applause.

Eileen Marcial Broton: Good evening. I'm Eileen Marcial Broton. I reside at 951 Northwest

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10th Court, Miami. That is the historic Spring Garden neighborhood. And I also am on the Bond Oversight Board, so thank you for this indulgence. I'm also the face of District 5, and I want to be represented, as well as all the other areas of District 5. And I also want to see all of the projects that have been started -- and we know through bond money, other areas, there are a lot of projects that have been started, and I want to make sure that they will continue. A lot of things are already in progress. I also have to have somebody who understands what it means to be a historic neighborhood and understands that there's no compromise. Historic neighborhoods are historic neighborhoods. Thank you.

Chair Sarnoff: Thank you. Next. Folks, if you would, you might want to line up, because there's no reason for anybody to be bashful and there's no reason we need to wait.

Georgia Ayers: Don't have to worry about me.

Chair Sarnoff: I know that.

Ms. Ayers: I hope you can understand me. This is Georgia Ayers, and I'm not bashful at all.

Chair Sarnoff: Go ahead, Ms. Ayers.

Ms. Ayers: You know it, good. I want to say to all of you in here, if anybody can challenge me, try me; I'll give you $20. I was born in the City of Miami, which you all call . That is not Allapattah. That's Railroad Shop Colored Edition. I was born there October 21, 1928. And what you all call Little Haiti, I -- it's not Little Haiti. That's Lemon City. My mother was born there January 12, 1912, and it bothers me when you're taking my history from me. It bothers me. I have nothing against anyone. Matter of fact, my building is in (UNINTELLIGIBLE) my dear friend that just got through speaking. I'm offering my three floors, upper floors, and my space for the poor people who are suffering in Haiti. But I have to let you know how I feel. I'm 81 years old. If anybody that can challenge, me, I think I got $90 in my pocket, and I'll give it to you. Now, there is no one in here can challenge me about my work in this community. Can you? If you can, try me. You get that $90. I know everyone probably but the young lady who was at Tacolcy. There's nobody here can challenge me about my work in social services. You can't challenge me. The ID (Identification) you see me with around my neck come from the Miami-Dade County. I have access to the jail 24 hours a day, 7 days a week. If you go to jail for welfare, food stamps, unemployment, this ID here will get you out without you paying a dime. I'm dealing with the person that I have dealt with every since I've been in this County, and I was born here. You have a lot of quasi persons who stepped up here, but I'm dealing with the one who has followed me when I call him at night to come with me to the riots, to come out here to me with the shootings, and I'm not putting anybody down when Sherdavia Jenkins was shot and killed, I sat at her table and raised the first $900. I paid to have her buried. I paid for the clothes all of them wore to the funeral. There were people that stood out there and prayed and sang and whatever. When the news media left, they left. I am challenging any of you to try me in knowing who is who and what is what in this community. I know. Because when I call Pierre Rutledge at night, he's there with me. I leave it to you to make your decision. But Pierre Rutledge and Chiverton are the two people that I know that come out here when I go out here when I need them, so it's your choice to make. Thank you.

Chair Sarnoff: Thank you.

Applause.

Billy Hardemon: My name is Billy Hardemon. I'm at 655 Northwest 48th Street, Miami. I volunteered and enlisted in the United States Army. I speak today as a Vietnam veteran. One of the fundamental principles of the United States justice system is that all Americans are innocent until proven guilty.

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Applause.

Mr. Hardemon: This presumption of innocence is one of the principles that separate America from countries like communist Cuba or Venezuela. Spence-Jones has not been convicted of anything.

Applause.

Mr. Hardemon: The Constitution protects the rights of all Americans, not just the Americans we like. The Constitution protects even people we despise. I don't like the Ku Klux Klan, but I fight for their right to say what the hell they want to say. Black folks and white folks died for our people to have the right to vote. The voters of District 5 have a right to elect the person to serve as their representative on this Commission. The voters have spoken loud and clear.

Applause.

Mr. Hardemon: And now it's up to you, Commissioners, to respect the will of the voters. It is hypocritical for anyone to denounce Fidel Castro for not respecting the will of his people, and then that same person disrespect the will of the voters of District 5.

Applause.

Chair Sarnoff: Let's conclude it.

Mr. Hardemon: I'm going to wrap it up. We should not, Commissioners, ignore the 800-pound gorilla in the room. We should not underestimate the impact that this matter will have on race relations in the City of Miami.

Applause.

Mr. Hardemon: It is wrong --

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: All right.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Enough.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Enough.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Enough.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

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Chair Sarnoff: Let's remove him.

(Outbursts from audience)

Chair Sarnoff: No.

(Outbursts from audience)

Chair Sarnoff: No.

(Outbursts from audience)

Chair Sarnoff: Remove him. Remove him. Let's -- I'm requesting a removal. I'm not giving out two minutes. Let's go. Next speaker, next speaker.

Applause.

Schiller Jerome: Good afternoon, Commissioners. My name is Schiller Jerome, and I reside at 24 Northeast 47th Street, in a neighborhood called Buena Vista East.

Chair Sarnoff: State -- I did not -- folks, there could very easily not be a public hearing, and I know you don't want that. I want to hear what everyone has to say. Let him speak. I didn't even hear his name. Go ahead.

Mr. Jerome: Good afternoon, Commissioners. My name is Schiller Jerome, and I reside at 24 Northeast 47th Street, in a neighborhood called Buena Vista East. I moved there when I graduated college back in 2003. The reason I moved there is because I wanted to experience living in the city, but since moving there, I can tell you that there's been a lot of pros and cons. From a community standpoint, I've seen a lot of growth, but throughout the City, I've seen a lot of hindrance, hindrance by both folks within the community and folks outside. So what I'm asking the Commissioners to do is to choose someone who believes in transition, who believes in diversity. I'm asking this Commission to choose someone who can balance the line between old and new. There is something good about . There is something good about growth. The problem is we seem to believe that when we grow, we have to lose what we have. That's not true. So basically, I'm asking for a balance. I'm asking for a Commissioner which can balance economic power, diversity, and culture. I live in a community which is partly Cuban, partly Haitian, and partly American. I need someone who can respect that. Thank you very much.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Next.

Ramon Guillen (as translated by Spanish interpreter Paul Seligmann): Good afternoon. (UNINTELLIGIBLE) Suarez, Frank Carollo, Sarnoff, Willy Gort, Tomas Regalado. Politics is like a horse game -- race. When the horses all come out in a group, one of them is a winner. But what happens is if there's one horse that touches a second one, the judge will disqualify him and the Governor disqualified Michelle. And who has the turn by law and as judge is Richard Dunn, who was second. Thank you.

Applause.

Chair Sarnoff: Yes, ma'am.

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Manoucheha Thermitus: Good evening. My name is Manoucheha Thermitus, and I'm a resident of Buena Vista East Historic Neighborhood, and I'm also the vice chair of the neighborhood association. I reside at 24 Northeast 47th Street. And the reason for me being here is to, one, make a plea to the person who's going to be appointed this evening and also to the rest of the dais about the promises that was [sic] made to Little Haiti Cultural Center. That center is beautiful. It's a marquee in our neighborhood. And I want to make sure that the person who is appointed to the position understands the historic significance that it has and cultural significance that it has for the community in its entirety. It's a place that can bring economic growth to the entire surrounding community. It's -- during Art Basel it was featured as one of the premier places, and we just want to make sure that it's properly funded, properly staffed so that it can do what it was visioned [sic] and entailed to do. I also ask that the person who's appointed understands historic significance. I live in a neighborhood that is considered historic, and I just want to make sure that if there's any zoning changes, such as Miami 21, that our neighborhood is not affected. It was proposed that when Miami 21 initially was being proposed, that there was going to be sky rises alongside of Northeast 2nd Avenue and North Miami Avenue. And I just want to make sure that we are sensitive to the fact that that is a historic neighborhood, and we do not want any sky rises affecting that neighborhood. Thank you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Yes, sir.

Talmiadge Frazier: Good evening, gentlemen. My name is Talmiadge Frazier. I live at 201 Northwest 7th Street. And once again, the Overtown black community is being offered up as a sacrificial lamb. If the black community was a strong polling vote, like the Hispanic vote, we wouldn't be here. But because we are not, then we'll always end up as a sacrificial lamb. Everyone that I have listened to tonight has known the problems in Overtown for years, but they allowed them to go on. Commissioner Spence-Jones came in and she start making our community look like something we could be proud of. I heard one --

Applause.

Mr. Frazier: -- of the Commissioners speak earlier about Vice President Gore running. We all know that they used the legal system to steal that man's election and now, once again, the legal system is being used to steal another one from us. But gentlemen, it's not about the split. It's about unity in this community. We know that education -- I worked at Overtown Youth Center. Before I left there, they came up with a study. It's not your problem in Overtown. It is ours. Sixty-four percent of the people who live in Overtown do not have high school diplomas. That's our problem we need to fix. Only 3 percent go to college. Last election I was told one -- only 5 percent voted. That is our problems [sic]. That's the problem we need to fix. I ask you to understand what has happened to Overtown community over the years. We've been diluted; we've been lied to and mistreated. But once again, we've already turned our back on ourselves. If Charlie Chris was afraid of the black vote in Miami, he would not dare do this to Commissioner Spence-Jones. But since they do not fear us, then we become victimized. And other black leaders that are here asking for your vote tonight, once again, where were they when she was trying to make changes in Overtown? Where were they when she gave up herself for Overtown?

Applause.

Mr. Frazier: Do not allow these people to cannibalize us anymore. I ask you to go back and respect the right of the vote of the people of Overtown. We have voted twice. We have asked for

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you Commissioners -- the only thing I ask you for is justice.

Chair Sarnoff: You need to conclude.

Mr. Frazier: Okay. My conclusion, sir, is do this for me. I know you're going to do what you want to do, but I do not in my whole heart can say that I believe in what you're doing, but I thank you for the opportunity to speak against it. Thank you.

Chair Sarnoff: Thank you.

Jumel Calixte: Good afternoon, Commissioners. And my name is Jumel Calixte. I live on 294 Northeast 82nd Terrace, in Little Haiti. The reason why I'm here -- and you know, I'm a voter, and I live in the District 5, and I think this is not fair for District 5 to wait any longer not to appoint someone, because in my community, Little Haiti NET has been closed for years -- I mean, for months. We have a Caribbean market in 59th Street Northeast 2nd Avenue. This Caribbean market founded by the taxpayer money and it has been closed for years, which is, you know, these people should use the Caribbean market, I mean, for businesses, but a lot of people, they selling thing on the street and they kick out by police officers, but the Caribbean market has been founded by the taxes [sic] money has been closed. We need somebody and -- you know, all the candidates, somebody well qualified to -- I mean, to -- as a Commissioner, to come to District 5 so they can bring businesses. You know, like we don't have any big major, I mean, supermarket or a major, like, Walmart and/or Kmart, things like that. That's why a lot of crimes going on by the teenage -- our teenager daughters and son. Because if they can find a job, like Walmart or Kmart in the community, and that will stop the crime, the violence. So we need somebody who knows and who can bring big corporation in the community, so -- I mean, more violence can stop. So I am urging the Commissioners to appoint someone tonight. We cannot wait any longer, because this district has been without the Commissioners [sic] for months. I'm urging you again, Commissioners, to appoint someone tonight. We cannot no longer wait anymore. Thank you.

Chair Sarnoff: Thank you. Next, sir.

Applause.

Roy Hardemon: Roy Hardemon, 655 Northwest 48th Street. Mr. Carollo, I hate just blatant racism. And what I've seen tonight, this is just blatant racism. Because I came before this dais plenty of times on not really serious matters, and time was allowed to pass on to the next speaker for [sic] they can get their point across. And this issue is dear to my community. Michelle Spence-Jones has never been indicted. Everybody know that the Governor was wrong, okay. It's like one of the other speakers said, if we was truly the majority, we wouldn't be having this conversation. And I can even step back to my Congresswoman who told me that they don't listen to y'all banging on desks no more. She convinced my to put down my guns. She convinced me not to fight the establishments. That was the wrongest [sic] thing I ever done in my life. Being 47 years old and a very responsible person, I'm just 'bout ready to pick my guns back up, because in my community there's no hope. There's no hope. A young lady got killed just the other day, 14 years old, in a drug hole. (UNINTELLIGIBLE) say, "What's the problem?" It was during economic development. That's our form of economic development. And it's not fair for this Commission to sit back and overlook our pain and deal with our appointed person that we elected. The community has spoken. And then just to come back and say, "Hey, we gonna to take" -- "we know what's best for y'all. Let me give y'all y'all two minutes of fame, and then gone 'bout your business." It's going to be heck to pay for this move.

Chair Sarnoff: You need to conclude, Mr. Hardemon.

Mr. Hardemon: Thank you.

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Applause.

Chair Sarnoff: Yes, ma'am.

Thema Campbell: Good afternoon, gentlemen. My name is Thema Campbell. My agency is located in Liberty City at 6015 Northwest 7th Avenue. We provide prevention, intervention, and counseling services for young girls and their families that reside in Liberty City, Little Haiti, and Overtown. Now, normally, I wouldn't get out of my office to come down to City Hall for anything like this, but this -- to me we're in a crisis situation. It's too much at stake for me to sit by and not voice my opinion about what is happening in District 5. Today, you four nice gentlemen will decide who will lead District 5 for the next ten months, until we have a general election this November. District 5, in my opinion, is hurt, divided, and shattered as a result of the events that have taken place over the past three months. We need to feel confident and assured that we can count on you all to appoint the person that is best qualified and ready to help this district heal itself and take care of the important business that lies ahead of us. I pray that you will not choose someone based on friendship or who supported you or your campaign in the past and who has the most money or don't have money. Your appointment today must be based on the future of District 5. We are looking for a woman or a man who is honest, intelligent, smart, articulate, and who knows District 5 and its issues, someone who knows the law and can interpret the law, and last but not least, someone who lives in the district and is already engaged in the district and not coming to get on a bandwagon. This is what we expect from you today and no less. And I pray and I hope that God will lead you and guide you in this important decision.

Chair Sarnoff: You need to conclude, ma'am.

Ms. Campbell: I will wrap it up. This decision will not only affect the residents and the businesses in District 5, but the entire City of Miami, Miami-Dade County, and frankly, the universe. I thank you for giving me this opportunity to speak. And may God bless you.

Chair Sarnoff: Thank you. Yes, sir, you're recognized.

Applause.

Ms. Latimore: Excuse me, Chair. Is there anyone else in the audience who want to speak who may need an interpreter, either Spanish or Creole? Thank you.

Chair Sarnoff: Yes, sir, you're recognized.

Lee Variety: Good evening, Commissioners. Bishop Lee Variety. I'm with Grace International in Haiti and also a community activist in this neighborhood. And in the City of Miami, most of the projects that you've spoken about, I've participated in making sure that those projects was able to even come into fruition. And what I would like to say is that I think that instead of us talking about just what we want and what we think we need, we need to make this appointment with respect to Almighty God, first of all. And it should be done based on the fact that we're not too far away from catastrophes that are already happening very near us. And the one that has the last say over everything that we do in life is Almighty God. So you need to keep that in your focus when this go down, not about just what we need as Miami. Because just like we can be able to take funds to build up Miami, Almighty God can tear it down in a flash, and we need to stay respectful to that. And when we do what we do, we need to look at the things that are happening around us and the innocent people that are already suffering to know that we not exempt from anything out here. And if you look at the circles that spin around out in the water to show where that earthquake hit, Miami was right on the outskirts of that, if you just really look at it. And right now we need to do things that heal the public, not put us in a position that could get

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innocent people harmed in any way. Please, make a decision that is fair not only to God, but only -- always -- also to yourselves as well. And remember that all of us are living in bodies that don't belong for [sic] us, and we won't own them forever. May God bless you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Yes, ma'am.

Marva Lightbourne: You ready? My name is Marva Lightbourne. I'm the chairwoman of Concerned Citizens of Miami.

David Williams: My name is David Williams, and I am the treasurer, Concerned Citizens.

Ms. Lightbourne: Yes. This is a hassle. This is really -- this is awful, what is going on here in City Hall today. I'm holding the Constitution right here, and we're not abiding by the Constitution, whether it's the United States Constitution, the State Constitution, or the local Home Rule Charter Constitution. Now we voted twice already. We voted. And I love Commissioner Spence-Jones. The people have spoken twice already. And --

Vice Chair Carollo: Ma'am, ma'am, hold on. Mr. Chairman, just for fairness --

Commissioner Gort: Start the clock.

Vice Chair Carollo: -- yeah, if we could start the clock again. Thank you.

Ms. Lightbourne: Okay. Thank you. The people have spoken twice already. I'm a District 5 resident and so is David, and we are tired of this haggling. Now, I was before you guys, what, the early part of last month about the same thing, about appointment. You set a special election for District 1 I believe, as well as District 5. It was done. The people have said what they wanted. They want Michelle Spence-Jones back in office again.

Applause.

Ms. Lightbourne: All right, now, the second part to that to me is until she gets all of her legal rambling done with and cleared and what have you, we should go with the second person that was elected, and that 601 votes went to Reverend Richard Paul Dunn --

Applause.

Ms. Lightbourne: -- and that's the way it should go, and the Constitution says that. At this point I think if we don't do it rightfully the way it's supposed to be done, I think y'all will be -- y'all might be facing a lawsuit, you know. Let's do it the right way.

Applause.

Chair Sarnoff: Yes, sir, you're recognized for the record. Folks, let's not do any clapping. Yes, sir, you're recognized.

Dwight Colemon: Commissioner Sarnoff, Vice Chair Carollo. My name is Dwight Colemon. And to be very candid with you, I don't live in the City of Miami; I live in the City of Miami Gardens, but I have enough common sense to understand that whatever happens in the City of Miami is inexplicably interwoven with all of Miami-Dade County. I am here to support -- and I must say very audibly -- Reverend Richard Paul Dunn, II. Now why am I here to support him?

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Simply because he's the best qualified candidate to sit on this Commission. He has the experience. He has exposure to the community. He has interacted in-depthly [sic] with the community on numerous occasions. What else can you ask for? Reverend Dunn is a man of integrity. And this will not be his calling card, gentlemen. It will not be. It will be the calling card of the people. And I've heard a lot of rhetoric here today about who did this and who did that and who should do this and who should do that, but we're talking about the people of District 5. Now how am I imminently qualified to speak about the people of District 5? Because I am a juvenile probation officer, and I work the Overtown area. And I can tell you that I'm in and out of homes all the time, and I see the hopelessness, the listlessness. The people need a representative on this Commission now. It cannot wait. We cannot wait for litigation, because we know litigation is a time-consuming process. We need a person who is going to stand and be counted for the people of District 5. But not only will Richard Paul Dunn, II stand and be accounted for the people of District 5, but he will be stand -- he will stand and be counted for all of Miami. Because let's face it, the apple is a whole apple, not a part of the apple. I ask you to consider him very, very adamantly today. Consider what he brings to this Commission.

Chair Sarnoff: You need to wrap it up, sir.

Mr. Colemon: Consider what he brings to the people of District 5. And in doing so, you will make a decision that's so germane that you will be applauded by the people not only of District 5, but of Miami-Dade County. Thank you for your attention, gentlemen.

Applause.

Chair Sarnoff: Yes, ma'am.

LaVerne Holliday: Good afternoon. My name is LaVerne Holliday. I'm the assistant director of Curley's House, located at 6025 Northwest 6th Court, in Miami. We feed approximately 1,500 people a week, and of that -- plus we offer other services, so I am a concerned District 5 citizen. The people have spoken. I've been a registered voter since 1964. I make it a point to vote in every election. And I am highly upset that my vote seems not to count. Last I checked, a person is considered innocent until proven guilty. And it is clear that the voters' choice was made twice. I am in favor of a special election. But if that doesn't happen, you can rest assured that whoever you appoint to this seat will see my face and see that things are done right by our community.

Applause.

Chair Sarnoff: Yes, sir.

Eddie Dean: To the Honorable Mayor of this great City of Miami, to the Chairman of this Commissioner [sic], and to all of you Commissioners sitting here together.

Ms. Latimore: Your name for the record, please.

Mr. Dean: My name is Eddie Dean. I have a business located at 716 Northwest 62nd Street, a medical clinic. Before that I had a real estate development company. I still have that company also, where I develop affordable housing throughout Miami-Dade County. Now here's what I'm here to speak about today, and I got to be kind of courageous, just as you guys got to be. Because what I'm about to say, it goes against some of my closest friends. I want to tell you guys a story. The district, as we know it, District 5, is the only district that have looked the exact same way for the last 20-some odd years. This district, if you look at the 7th Avenue corridor, still look the same. Now what are we going to do about it? We need to turn a page in this district. Everybody wants to say that go with the establishment, but the establishment have failed this district for the last 20-some odd years. It is time for a new face. When I look at all you guys up there, you know why your community work? Because people don't usually go with the

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establishment; they go with the very best candidate. In our district, people go with the establishment. They toot horns and they come out and they do this and they do that, but guess what? We never get no progress. We had some four Commissioners already of this district to be scrutinize and came upon (UNINTELLIGIBLE). You know why is that? Because they never done -- most of them never done anything before they got in electric -- an elected office. And you can't expect for them to continue with the -- you can't expect different results with going the same way. So I'll encourage you guys to vote your conscience, vote your heart, and turn the page in this district.

Chair Sarnoff: Thank you, Mr. Dean. Next, ma'am.

Applause.

Lavern Elie-Scott: Good evening. I am Lavern Elie-Scott. My address is 6025 Northwest 6th Court, and my organization is Curley's House. We're a food bank. For over 20 years, Curley's House have provided food and clothing in our community, which is a community that is desperate so far as in our need. We're a hopeless community, basically without hope, but we still fight for what we believe in. On January 12 the people of District 5 voted. Over 2,000 voters made a choice to vote for whoever they chose. I feel like it was a slap in the face to our community, which I said is already a hopeless one. This is a democratic society, and as a democratic society, I feel that we should not be ruled as a dictatorship. So I am asking for a special election. Thank you.

Sylvia Wong: Good evening. My name is Sylvia Wong, and I'm here on behalf of the Little River Business District. Many of you know me, because I have come here on behalf of the Little Haiti Park. And what we ask is that whoever is selected, whoever is appointed tonight, if that does happen, that that person will keep the Little Haiti Park, with the two components that have cover over $50 million, uppermost in their minds to try to continue with having more security. Because not only with security help for the park components, both the soccer field as well as the cultural center, which has been spoken about earlier, both components need more protection so that then they are used more and more by the community. And whoever gets appointed today will hopefully follow in Michelle Spence-Jones' shoes because she was very much in favor of doing as much as she could for Little Haiti, Lemon City, and Little River. And she was instrumental in getting the two park components up and running. We're just concerned that these $50 million are not going to be well taken care of if there's not enough security, and by the same token, when there is no security in the parks, people in the area will be using the parks more, and everything that we've talked about where the children of this community will be able to have a place to go to and programs to attend and feel safe -- you know, in the Little River Business District, we have hundreds and hundreds of jobs, and there are thousands of people who live in the surrounding Little Haiti/Lemon City area, so it's to everyone's benefit whether we choose to appoint someone tonight or if we choose to have a special election, because one thing we must say as reality was that Spence-Jones was very much in favor of making this area, the Little River Business District, favorable for keeping the jobs and bringing more jobs. And she was very much in favor of making sure that the people who lived in the surrounding Lemon City and Little Haiti area had a place where they could go --

Chair Sarnoff: You need to conclude.

Ms. Wong: -- and have a good place to live, work, and play. So, please, it's very important for whoever comes after Michelle Spence-Jones, or whether she's going to continue, to please look out for this area. Thank you very much.

Chair Sarnoff: Thank you. Yes, ma'am.

Applause.

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Jewel Parham: My name is Jewel Parham. I'm a registered voter of District 5. I want a special election to select who I want as my Commissioner. My question is, once she is found not guilty, will she be able to serve in her seat?

Commissioner Gort: Yes.

Ms. Parham: Okay.

Commissioner Gort: She'll come back.

Ms. Parham: That's all I wanted to know.

Chair Sarnoff: Yes, sir.

James McQueen: My name is James McQueen. The first thing I want to say to all the people who are present, especially those in the audience, is that nothing that we can say or do is going to have any effect on this process. That die has already been cast. But then I want to especially address these four gentlemen who sit here and also address those who might serve in Michelle's place, Reverend Dunn, David Chiverton, Pierre Rutledge, or whoever. That if the Governor can take the right to vote from the citizens of District 5, then all of you ought worry, because he can do the same to you and to any of you all who might serve. And it's important to remember that, because the right to vote was not given to African Americans by any of you who sit here or by the Governor of the state of Florida. The right to vote for African Americans was given by the blood and the deaths of thousands of untold names and places in Mississippi, in Alabama, in Georgia, and Louisiana. And if you do not realize the value of that vote and if you do not respect the value of the people who voted, today it might be Michelle; tomorrow it might be Francis, Frank, Marc, Wifredo, or the Mayor.

Applause.

Chair Sarnoff: Yes, ma'am.

Muriel Walker: Good evening. My name is Muriel Walker. I live in District 5, but before I state my reason for being up here, I would like everyone in here to remember we all are too blessed to be stressed, so we need to all come together regardless of who you take and your choice of making -- taking Michelle place, please remember, we need Michelle -- in fact, we need all the Commissioners. I don't care who y'all pick tonight or tomorrow or whatever, but we would like to have Michelle Spence-Jones back.

Applause.

Ms. Walker: Thank you very much.

Chair Sarnoff: Yes, sir.

Brian Dennis: Good evening, the honorable Commissioners. The --

Chair Sarnoff: They're going to need your name and your address.

Mr. Dennis: My name is Brian Dennis. I'm the executive director of Brothers of the Same Mind, 4055 Northwest 17th Avenue. Also a registered voter, 1373 Northwest 55th Street. The first impression that one gets of a ruler is the (UNINTELLIGIBLE) brains that he has about himself. The reason why I say that is because of this. I stood out and supported Reverend Richard P. Dunn. You could go on my Facebook page and look and see a picture of him, myself, Reverend

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Richardson, and Tangela Sears. Now, unbeknowings [sic] to me is -- my great grandfather had a saying about be careful who prays for you. There was a deal that was struck between Commissioner Michelle Spence-Jones and the reverend, Reverend Dunn. That if she couldn't run for office again, that he would stay out of the race. Mr. Dunn was in her home praying for her the morning that she had to turn herself in to Miami-Dade County jail. Now, I don't know if he was praying for her downfall or praying for her to be delivered to the State Attorney's Office. But what we have here in this sentiment in the black community -- and I'm saying this because I served with you. I worked with your father. I know Mr. Gort -- is that that's untrustworthy. If I can't trust you to stand in my house as a pastor and a praying man to watch my back, I can't trust you to sit in that seat and be the Commissioner of my district. Pastors and politics don't work. Pastors and politics don't work.

Applause.

Mr. Dennis: You have David Chiverton, Pierre Rutledge, Ms. Alison Austin, you have Erica Wright. You have numerous people that have come up here and displayed their talents that has the position and walks in this community. Pastors and politics don't work. Jesus never knew you.

Applause.

Chair Sarnoff: Yes, sir.

Richard Paul Dunn, III: My name is Richard Paul Dunn, III, address is 1895 Northwest 57th Street. I'm also a registered voter. And I'm just going to be quite honest with you. I've been seeing, since January 12 and before that -- it was my first time ever actually working in a campaign, actually seeing what goes on in the political process, and basically, what it is, it's not about who they like. It's not about who was the best candidate. It's about who promises people stuff. And if you don't come through with that, then they want to switch teams to the other person. That's all it's about. It's not about who the best qualified candidate is. Most of these people, they look at me, they smile in my face and soon -- and smile in my father's face, and as soon as they talk about him. You know what I mean? That's the same people, you know. And the other thing about it is everybody talking about jobs, jobs. Where was the opportunity on January 12 with all this campaign money to hire young people to work your campaign? Nobody -- my father asked me to get everybody I knew that was unemployed to come help on the campaign, to put some money in they pocket. I have some people right now that -- I'm talking about young people, under 25, people that's going to change, that's going to actually make the change for the community, and that's the thing I'm talking about. And the thing also, it's real simple. If somebody promise you something -- if you on a train that's supposed to be going to the money and all of a sudden, it's a derailment in that train, you mad. You trying to find the next track that's going to get you to that money. And that's all that's going on. It's not 'bout who's the best. It's not 'bout who's going to get the job done. It's about who going to pay them. Who going to get they contracts for them. And that's all it's about. That's what I'm seeing. From a 21-year-old aspect of politics, this all I'm seeing. Thank you.

Applause.

Chair Sarnoff: Yes, ma'am.

Queen Davis: My name is Evangelist Queen Davis. I don't live in District 5, but I --

Chair Sarnoff: Wait a minutes. Wait, wait, wait, wait. I cannot hear her, and out of respect for who she is, I would think you would want each of us to hear what she has to say. Thank you. What's your name, ma'am?

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Ms. Davis: My name is Evangelist Queen Davis. I do not live in District 5, but I works [sic] in the City of Miami at 6025 Northwest 6th Court. I do volunteer work there, and I do volunteer work in the City of Miami, Overtown. I go out on the street witness. We go out and feed the hungry on the streets. And I want to ask anybody in here have they ever -- if they perfect or have they ever made a mistake? I am a evangelist and I make mistakes everyday. Our Governor Crist don't have no rights, 'cause he done the same thing they say she did and nobody took him down out of his position. If he want to take Ms. Jones [sic] down, I think Governor Crist should come down, too, 'cause I heard that he took some money and went on vacation with it from the taxpayers, and nobody had (UNINTELLIGIBLE), nobody said nothing about Governor Crist, but they killing Spence-Jones.

Applause. Ms. Davis: And since I've been going Overtown, I see the improvement Overtown, I see the improvement of Liberty City, so why is it every time we get a Commission [sic] that'll stand up for the blacks or try to help the blacks, it always something come up about those people. That is very clear to me. I am a praying woman. I have discernment spirits. You know, I could say so much, but I'm going to say this. I don't see how y'all come out from cross the water and get in a position to run the United States when you don't know nothing hardly about the law. I don't understand that. You know, so many black people I see off the jobs now, and Spanish people got these jobs. How can that happen? I don't understand it. I don't want no 'pointed [sic] Commission [sic]. I want Commissioner Spence-Jones back in her seat. If Governor Crist can set [sic] in his seat, she ought to be able to set [sic] in hers until they found her guilty.

Chair Sarnoff: Thank you, ma'am.

Ms. Davis: And I heard this something that happened before he came (UNINTELLIGIBLE).

Applause.

Chair Sarnoff: Yes, sir, you're recognized.

Gregory White: My name is Greg White. I grew up in District 5 and Little Haiti. I went to Miami Edison. And I just want to first clarify what was the topics again, 'cause I -- you know, I know it's been a whole lot. I don't know if we're sticking to the script, but I want to try and stick to the script, 'cause everybody's all over the place. What was the topics again?

Chair Sarnoff: We were hoping to hear what you thought of the candidates or what you would like to see in a District 5 Commissioner.

Mr. White: All right. I'm going to stick as close to the script as I can for these two minutes. The candidate Richard Dunn is a man that I knew since I was 13 years old. I was a troubled teen. You're talking about at 13 years old in the streets, I could have been anywhere. Reverend Dunn was then chasing after young peoples, getting them to go to church in Drake Memorial. I just wanted to talk about somebody who I know and not that I just see. Every time that there's something that goes on in the community, if you look at Channel 7, Reverend Dunn's not being paid for it, but he's stepping up to the plate. You know, that's something -- there's a thing that's called a servant leader. A servant leader is somebody who serves. It's not something that he's paid for. Leaders are born. They're not just made. I can consider Reverend Dunn being a born leader, a born leader because leaders -- it's a difference between a talent and a gift, and I recognize his gift is leadership. His talent is leadership. It's not just what he do; it's who he is. So when you're talking about a candidate -- I'm not here to talk about Michelle Spence-Jones. I mean, she got a time that she'll have to straighten herself out. I'm not here to talk about Governor Crist, what he -- you know, that's all going to come -- today we're talking about a leader that we need for District 5. If everybody get a chance to know Reverend Dunn, personally, he'll give you the shirt off of your [sic] back. The opportunity that he can actually

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present to people, if given the opportunity to be elected in this position, will be enormous. So I ask you today, Commissioners, to consider -- don't consider it lightly, but consider it real heavy on who you put in this seat, 'cause it's not about either one of the candidates, but it's about the right person, the right leader. And I want to say this. Reverend Dunn, they might not say it, but I believe you to be one of God's elect, and that's very, very high.

Chair Sarnoff: Thank you, Mr. White.

Mr. White: Thank you for the opportunity to speak.

Applause.

Chair Sarnoff: Yes, ma'am.

Delores Smelling: Yes. Good evening. My name is Delores Smelling. I'm a resident -- reside at Liberty City for District 5. My address is 1833 Northwest 41st Street. You know, I stand here before you all, gentlemen, and I did hear a lot. But you know, my grandmother always taught me to stand up to what's right, so I'm here before everybody, not just you four guys, but before everybody, and standing up saying that it's wrong to take a person's right to vote. But then I hear a lot of talk about what this person can do and what that person can do. True. But what about the future generation? I have never heard no one talk about the generation that's coming before now. The reason why I'm saying this, yes, I stand before you representing Michelle Spence-Jones. I'm not ashamed to tell it. But what about the generations coming up now. I raised four sons alone, myself. I saw my mother came up the hard way, and Lord knows I'm not going back. Nobody's not going to take me back to what I seen my mom and my father died for 23 years. Commodity food, yes. We was thankful for that, because we had food to eat. I refuse to go back. I mean, this generation coming forward, yes, they need a push and shove for -- to understand what's going on, but I'm talking about my grandkids now, four innocent grand boys that I have, along with four sons. What about they [sic] generation coming up, my son's sons? What about them? When they come before whoever will be here? We may not be here. What's going to happen to them? They going to be lost. If we don't get this together now, we'll -- never will get it together. And I feel like if we had our right to vote -- we voted twice. It shouldn't been no twice.

Chair Sarnoff: All right, ma'am.

Ms. Snelling: It should have been just once.

Chair Sarnoff: You need to wrap it up.

Ms. Selling: Okay. I'm going to wrap it up and say this. I'm fixing to speak to everybody who's here. Remember the future generation, our kids, our children's children. We leaving them out, too. Thank you.

Chair Sarnoff: Thank you, Ms. Smelling. Yes, sir.

Darrick Rudolph: Darrick Rudolph, 222 Northwest 22nd Street.

Chair Sarnoff: What's your name, sir?

Mr. Rudolph: Darrick Rudolph. I reside in Overtown. And just like the young lady just said just now pertaining to the youth, I'm up here and I'm asking whatever candidate that you choose -- because the candidate I choose, I choose Pierre Rutledge. Why? Because I know of him dealing with the youth in the community throughout District 5. Now, everyone spoke pertaining to the history of black community also pertain to the history of the City of Miami Overtown black

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community. And they spoke about how the expressway came threw and tore everything up and did do this and that. How 'bout the money's being directed this way, directed that way? Now I bring this up because a prime example is right now we's [sic] in a process of getting Gibson Park built. We had money that we just got back to assist Gibson Park in getting built. Now, for some reason, all of a sudden, 'cause the Commissioner not in the seat -- even though the board beforehand had done passed and everything was all good, but now we're getting word back that you might as well wipe that off the slate due to the fact that oh, the economy is messed all up and the City ain't got the money no more. And I'm like, hold up. Y'all fixing to build tunnels and all other kind of stuff. That money's -- that money ain't (UNINTELLIGIBLE) being -- stopped being put to the side. So all I'm saying is this here. Pierre, I believe, will continue forward in making a beacon of hope in Overtown by getting Gibson Park done. We speak about the youth and the history, all this and that, but if your youth is continue to being blinded, you going to get what you got now. Right now Gibson Park could be a beacon of light and a hole in a doughnut, which y'all -- the Commission before y'all used to always talking about, "Gibson Park can be that light in that hole in a doughnut." And I'm hearing already y'all done shut the money down already? Our Commissioner ain't even in the seat, but you told me hold up. But you done shut it down already?

Chair Sarnoff: You need to conclude?

Mr. Rudolph: Oh, I'm going to conclude. I'm going to conclude by saying this here, who is [sic] you? Is [sic] you any better than the person that's pulling the trigger if you continue taking money from out of Overtown to help the people? Thank you.

Chair Sarnoff: Thank you. Yes, ma'am.

Renita Holmes: Good evening, each and every one of you as leaders. My name is Madam Renita Holmes. My business address is 6118 Northwest 7th Avenue, and my mailing address is 1411 Northwest 38th Street. I've always been a resident, but I'm here now, and I'm going to take this (UNINTELLIGIBLE) to tell you that I'm here to speak in behalf of those children in District 5, those young children now who are abandoned in lack of leadership and ignorant as a result of everyone focused on elections and reelections, idle rhetoric, and verbal masturbation. You see, at the end of the day, taxation without representation is against the law. Surely, the State tells us and a state representative has a responsibility all throughout the year to ensure that there's ethics and politricks [sic]. There's ethics in the spending and the oversight and monitoring of processes. However, I find it unethical for someone who is running for office to interpret the law. I find it unethical for those who are at advantage to moving our money that belongs to children that are constantly dying in a community where there's blood on the land. So I feel for you. You're making a decision about a travesty in life, about a population, about a community whose children are dying. There's blood on the land. And in all fairness, I think all of those candidates and all of these candidates -- and I know each and every one of them, to tell you the truth. As a registered lobbyist and as an advocate, I've stayed out of it thus far. But let me tell you something. As a witness advocate, I find a trend and pattern that quite often leadership being removed in districts like this is black and female. I find quite often that transient patterns in decision-makers in the past, young gentlemen and (UNINTELLIGIBLE) -- which I've watched you all with your heritage that has always been appointed. Pharisees and (UNINTELLIGIBLE) and -- this is a community whose population and culture, which is also a part of the state law and the Constitution, it's mandatory when making decisions about citizen participation, says that you have to consider the culture and this culture -- and I'm going to close very shortly. I'm going to close. But I'm talking about laws and facts. I'm not talking about personalities. I'm talking about principles. So I even asked myself is it unethical, Chairman Sarnoff, for you to make a decision when funding has been moved since then? But I'll say one last thing. Reconsidering the people -- the Constitution, the federal, the government overall, the state, or any process here is the one that prevails, and it says everyone has a right to defend themselves, every community has a right to choose its leader, and that no one has a heaven or hell to put

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anyone else in.

Chair Sarnoff: You need to conclude.

Ms. Holmes: And so with that, I ask you to be fair. If you know that we're going to go through this --

Chair Sarnoff: Thank you.

Ms. Holmes: No. Excuse me, sir. I was --

Chair Sarnoff: Thank you.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Next, sir.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Next sir.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Ma'am, I'll tell you what. If I gave --

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Ma'am, with all due respect.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Would you remove her, please?

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: I understand.

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

Chair Sarnoff: Next, sir. Sorry.

Carl Johnson: Okay. Mr. Chairman, the Commissioners, to the Mayor, and to the Manager. I stand to share my sentiment as it relates to Pastor Dunn being appointed as the Commissioner for District 5. Based on the dynamics of this situation, it appears that you all are moving to an appointment. And I want to stand here in all genuineness -- that I met with Pastor Dunn recently as it relates to his concern for District 5. And one would ask me why would I be here, being that I pastor in the Dade County? Well, my father own an ambulance business in the '60s; I have a thriving feeding ministry on 54th Street; a number of members that live in District 5 and also

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who own thriving businesses, so I do have an interest as it relates to District 5. To be short to my point is, I met with Pastor Dunn, and I asked him about his vision for District 5, and he shared with me his vision. Number one, he's very concerned about crime. He's also shared with me as it relates to bringing this community together, because there's a lot of dynamics have them divided. He's sensitive to that. He's also concerned about job development. Pastor Dunn understand -- and I shared with him -- without a vision, the people perish. It's just like a city. It's like a plane without wings that's bound to crash. He is ready to put his vision into practice. I'm not here wasting my time. I believe in this man. And I really want you all to consider, if your mind is not made up, to give Dunn the chance to serve at this present time based on the dynamics of what's going on. Thank you for letting me address you all. And I pray that you'll make the appropriate decision. God bless you and God keep you.

Chair Sarnoff: Can I get your --

Applause.

Chair Sarnoff: -- name -- wait a minute -- again?

Mr. Johnson: Yes, sir. My name is Pastor Carl Johnson.

Chair Sarnoff: Sorry. I apologize.

Mr. Johnson: I pastor the 93rd Street Baptist Church.

Chair Sarnoff: Thank you, pastor.

Mr. Johnson: Thank you very much.

Chair Sarnoff: Yes, sir, you're recognized.

Steven McCroey: Good evening. To the Honorable Mayor and Honorable Commissioners, the Chairman. I'm Bishop Steven McCroey, representing Faith Community Church. And I'm here in support of Pastor Richard P. Dunn. Not only have I been out in a crime scene with him when the little girl was killed over in Overtown, a little child, we personally attended that meeting when the media came out and wanted to hear from Overtown. Pastor Richard P. Dunn was there, along with myself, and everybody that he could get. He's very concerned about the district. I work personally with him on many, many things in the church, and I can tell you that from Bible old, the men, the kings, the governors always consulted with the prophets, and the men of God, and it was a godly nation. And I respect each one of you all. I listen to every one of you all's comments. And I implore you, the people have spoken. The Commissioner that was suspended was their choice, and the second Commissioner was the Reverend Richard P. Dunn. Thank you.

Applause.

Chair Sarnoff: Yes, sir.

Gregory Thompson: Good evening. Gregory Thompson is my name. I'm the president of the African-American Council of Christian Clergy. Also I'm the senior pastor of the New Harvest Missionary Baptist Church. Also, I'm a former City of Miami police officer, served ten years in that capacity. The reason I brought the law enforcement experience up because the Vice Chairman also is a law enforcement. He wanted to do what was fair, but we have to add fairness with being feasible as well. It's not feasible to do another special election. The Governor has wasted our time twice. And immobility is not stability. So we have to move now and move fast, because a district with now representation is going to lead to devastation. And I'm here to support Pastor Dunn. I believe he's the man for the job. And while I was a police officer -- I

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want to state this for the record -- I lived in District 5, 4410 Northwest 11 Avenue. I didn't come in and police. I lived in the same neighborhood that I policed, and oftentimes I would see Pastor Dunn out in the community while I was on my motorcycle, Amen, seeing about the citizens of the District 5. So I'm asking you, Amen, very respectfully to consider appointing Pastor Dunn as the next Commissioner of District 5. And I want to commend all the other candidates and the former Commissioner as well for their work that they're -- and their passion for the district. Thank you.

Chair Sarnoff: Thank you.

Applause.

Jackie Bell: My name is Jackie Bell. I live at 1120 Northwest 39th Street. I am a registered voter. I have worked and lived in District 5 for the past 65 years. I would like to say to you, I am sorry at what happened with our Commissioner that we elected, but I also would like to say that I have not seen anyone who has come up here tonight and said how hard they have worked in my district that I have seen. I've worked with your father, Mayor Suarez. I've worked with your brother, Mayor Carolla [sic]. I have worked with Commissioner Gort. I have worked with Mayor Regalado; Frank Castañeda, who used to be the Community Development director. And I would like to know where these people have been all these years that I have been running a community development corporation in Overtown since 1973. Prior to that, I was the legislative aide to the first black woman who ever -- was State Legislator Gwen Cherry since 1967. So all of these people who now want to represent my district, where have they been? They have not been there to help us. And Mr. Gort can tell you that I've been before this Commission many times. Everybody who sits in the audience who knows who I am. Where have these people been? So now that we don't have a Commission [sic] that is representing us, not going into the legal ramification for them -- her not being here, but I would like to ask the question from the Chairperson. Do the Governor have to wait when something like this happen for this municipality to request that he removes that Commissioner?

Chair Sarnoff: This municipality did not request anything like that.

Ms. Bell: The Governor did not request that?

Chair Sarnoff: No. I think your question was did this municipality request anything of the Governor. And we did not.

Ms. Bell: Then did the State Attorney's Office request that he remove her?

Chair Sarnoff: I don't know, and you know, I don't think anybody here is capable of answering that question to you because we don't represent the State Attorney.

Ms. Bell: Well, I -- I'm not a lawyer, but I was a state representative aide for a long time, and I thought the law says that the Governor has to be officially notified for that person to be removed. Francis, you should know; that happened to your dad.

Chair Sarnoff: All right, Ms. Bell. Ms. Bell, thank you. Thank you, Ms. Bell.

Ms. Bell: I wasn't trying to --

Chair Sarnoff: Ms. Bell, you've had more than two minutes --

Ms. Bell: Thank you very much.

Chair Sarnoff: -- and I want to thank you. Thank you.

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Ms. Bell: Still, Commissioner --

Chair Sarnoff: Ms. Bell -- Yes, ma'am. I apologize.

Iris Maldonado: Good evening. My name is Iris Maldonado. I live at 17020 Northeast 6th Court. And I hear to support Richard P. Dunn, II, 'cause I think he's the best choice. And yes, I have an accent because I'm from Dominican Republic, and I don't cross the river like somebody else say, and I have respect for everybody here, and I think that's very disrespectful to come here, because some of you are Hispanic. And if you guys have the job -- like somebody here say, the Hispanic people come here to take somebody's place. Well, you guys here because you guys study and work hard for it, okay. So nobody give you the position you guys have. So whatever God has for you, it's for you. The Spanish people don't come here to take nobody's place. We work hard and voter register and are also citizen, and yes, I work hard for my citizenship papers. Thank you. Good evening.

Applause.

Chair Sarnoff: Folks, I'm going to ask you one last time, try to keep your clapping to an absolute -- I won't stop you from doing it, but let's just do it like for five seconds and that's it. Thanks.

Neil Shiver: Thank you. Mr. Mayor, the Chairman, fellow Commissioners. My name is Neil Shiver and I'm from . As you know, Coconut Grove was the first black community in Miami. Why is that significant? Well, the District 5 Commissioner, like our Mayor, like Mr. Gort, like your father, like your brother, has always been a friend of the black community of Coconut Grove. We have the same demographics as Little Haiti, Overtown, and Liberty City, but we're sandwiched -- I'm still talking about Coconut Grove -- between two of the wealthiest parts of the City of Miami, City of Miami on one side, Coral Gables on the other. Whoever you pick -- and by the way, all the candidates are very qualified. I'm very proud of their qualifications. By the way, if I endorse any of them, you surely won't get it, so I won't do that. But Mr. Chair, what I want you to consider is this is very important to our community that you have someone there that you can work with. It's not that you cannot lead our community, but our needs are just as important as District 5, if not worse. We're the forgotten hole in a doughnut. And so I would say to you, Mr. Chair, that I think your decision is more important. We know the Mayor's record. The Mayor's record has been commendable in my community. Mr. Gort, Richard Cooper would kill me if I didn't say something good about you. Your brother was tough, but he was fair. And your father was a friend. The question becomes, Mr. Chair, is what are you going to do for that community? And you can't do it alone. I am not passing a disparity upon you. I'm just telling you the need is just that large. So your choice need to be someone who would represent the black community along with your black community that you represent, and I'll close by saying this. Whatever decision you make, there's going to be some repercussions. People are not going to like it. They're not going to like it. But for you, Mr. Chair, that black community -- by the way, you lost that black community by two votes. I joke with you about that all the time. You know that. -- would give you an opportunity to make those two votes up with your choice, okay. Thank you.

Applause.

Chair Sarnoff: Yes, sir.

Gary Johnson: Good evening, Commissioner Sarnoff, to Mr. Mayor. First of all, I want to thank you for holding the line for all the corruption that's been going on down here. Thank you for holding the line, 'cause it was important that we had somebody like you in office to change the community back around, so I want to commend you on your --

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Chair Sarnoff: We just need to get your name and address for the record.

Mr. Johnson: I'm sorry. Gary Johnson. My father was the first African American to own an ambulance right here in the City of Miami to operate and very proud of that. I'm not here really on the behalf of no candidate, on anyone that's running for office. What I am here to say that at the end of the day, whoever you choose, that I pray that you vote with them for what's best for District 5, 'cause at the end of the day, you going to hear all our people speaking about they feelings and they emotions on who they want to see in office for various reasons, for some good, for some bad. But what is most important is the people that's outside that door living in that community that are still suffering. The hands of what you're about to do has to make the difference for those people in that community. Those are our people. Those are our family members. Those are our friends. Those are our sisters, our brothers, and those are our schools that's in those districts. And whoever you choose for that position, I pray and I hope that you use the same discretion amongst each other for what you want for your community that you want for theirs. So I thank you for the opportunity. Commissioner Sarnoff, I know you. I met you some time ago. You're a man of integrity, and you held the line. And I appreciate that. And I'm hoping from these other gentlemen that have their fathers and brothers that have been in office will do the same thing. No matter who you pick, whether it be Reverend Dunn -- I've seen the change in his life. I seen a change in many of these people life. You got people that's right now that should be in that position that won't have this opportunity. So if you do the vote all over again, he my not get 600. You may have somebody that get 8,000. So what if you do? Choose the candidate that's going to help the people in that district at the end of the day. Thank you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Yes, ma'am. You're recognized.

Sara Smith: Yes. Good afternoon. My name is Sara Smith. I'm Liberty City Square president at Liberty Square Housing Development, address 1305 Northwest 62nd Terrace. I'm here and representing [sic] of two thousand and some odd votes that was just abdicated through a voting procedure just two weeks ago, okay. I could understand Reverend Dunn is here with his congregation. They all stood up. But I'm talking about two thousand and some odd people that took the time out of their busy day to go and vote and select the representative of their choice for District 5, okay. I'm one of them. I felt like --

Applause.

Ms. Smith: -- like I was short-cheated. It was against my constitutional right, and we're going to deal with that when it comes time for the Governor's time. We're going to deal with that. But I'm representing a whole development of 756 units over this in Liberty Square that only one come had the guts to come over there to stand up and be able to provide for us, when all we had all these black men that supposed to be City officials, leaders that would not come over there and stand with black mothers, single mothers like me. But everybody said that I was there. But you was there during the limelight.

Chair Sarnoff: Ms. Smith.

Ms. Smith: But when the lime light left --

Chair Sarnoff: Ms. Smith --

Note for the Record: Chairman turned off microphone; therefore, speaker's comments were not transcribed.

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Chair Sarnoff: -- address the Chair.

Ms. Smith: Well, I'm just saying -- 'cause it really deters [sic] me when a person could stand up there --

Chair Sarnoff: I understand.

Ms. Smith: -- and falsify themselves like they been there, and you have not been this. But I'm a woman that's been there through the shooting and all, 'cause I'm a victim too. And I served my - - I stood my ground. And she came there and stood with me many a days when nobody else wouldn't [sic]. And if you going to select somebody, I want you to let the people of District 5 select the people -- the person that we want to represent us --

Applause.

Ms. Smith: -- not no appointed, none of that, because of favoritism, because of -- they got people standing up here right now.

Chair Sarnoff: Thank you.

Ms. Smith: You got to have people there at all times.

Chair Sarnoff: Thank you, Ms. Smith.

Ms. Smith: I live it and breathe it 24/7 a day.

Chair Sarnoff: Thank you, Ms. Smith.

Applause.

Chair Sarnoff: Yes, sir.

Haneef Hamidullah: My name is Haneef Hamidullah. I'm the president of Inner-City Civic Coalition.

Chair Sarnoff: Could you give me your name again.

Mr. Hamidullah: Haneef, H-A-N-E-E-F, like Haneef, Hamidullah, H-A-M-I-D-U-L-L-A-H.

Chair Sarnoff: Thank you.

Mr. Hamidullah: I'm here, like I'm always, representing the community, the citizens. Out of all I've heard today, the person -- the people who that got the rawest deal, just like Sister Sara say, was the constituents. This Commissioner [sic] didn't -- and I'm -- this Commissioner [sic] did not have the backbone to come to District 5 and talk with the citizens in District 5 about what they thought would best lead their district, who will continue the agenda that Sarah and all the rest of them put together. What you going to do with that? I hear about crime. Going to recycle crime, start all -- it was an agenda for crime. There was an agenda for economical development. There's agenda for business development. Nobody came to the community and asked the citizens, the constituents -- and I don't go nowhere without a constitution. I didn't bring the other one in, the international. But when you look at the Constitution -- and I love the 14th amendment, Section 1 -- I know three of y'all attorneys -- that due process has not taken place, period. It hasn't take place in the first election. It hasn't taken place in the special election, and it hasn't taken place as far as protecting citizens 'right to be heard. So I'm saying to sit here and

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circumvent what we, the people -- the preamble say, we, the people, you understand -- position is erroneous. I think that you should be able to -- should have -- but the bills done been made. Many of us -- I'm 65 years old. I've been (UNINTELLIGIBLE) 30-something years in these buildings, so I already know what the deal is.

Chair Sarnoff: You need to wrap it up, sir.

Mr. Hamidullah: I'm through with it. What I'm saying now, I'm for this Commissioner being able to allow what the citizens had in place on this Commissioner [sic] to continue whomever y'all choose or whichever direction you go, respect the American black citizens.

Chair Sarnoff: Thank you, Mr. Hamidullah.

Mr. Hamidullah: Thank you.

Applause.

Chair Sarnoff: Yes, sir.

David Guerrier: Good evening. My name is Pastor David Guerrier. That's G-U-E-R-R-I-E-R. I am a citizen of America. And I heard all the candidates' speech. However, my community still someway, somehow has been left out. I live at 73 Northwest 53rd Street. I have a major problem. Whenever there's election, for some reason everybody comes to the church, finds some way, somehow. Whenever they get elected, they gone. We don't see them no more. However, one thing that I would like to ask you, Chairman, is that as you appoint another person in charge, just remember that if we had appointed accordingly the first time, that the second runner-up would have been empowered; we wouldn't be here trying to appoint someone else. I say that to say that if you're going to be fair, you have to consider David Chiverton, 'cause in the first election, he was the second runner-up. As I sat in the forum last time at Overtown, I've heard several candidates say if they wasn't running, they would endorse David Chiverton. So as you make this decision, I think you have to go back to the first election to consider Mr. Chiverton. Thank you for your time.

Chair Sarnoff: Thank you, Mr. Guerrier. Anybody else?

Mamie Pinder: Good evening. Commissioners, the Honorable Mayor Tomas Regalado, long-time friend, and Vice [sic] Chairman, Commissioner Sarnoff, Commissioner Willy Gort, and Commissioner Frank Carollo, who's brother and I were long-time friends and still are. From the first night when he won City Commission, he had me on one arm and his wife on the other arm. And my good friend, Francis Suarez, that I've loved and known since a young boy. I thank you for the opportunity to be here. I'm pleased to say, Regalado, I told you that if you became Mayor, I will be back to help in the City of Miami, and it's with that effort that I'm here simply to say that David Chiverton, in my opinion, deserves to hold the seat as Commissioner just for the next 10 months. David has assured me that he would be more than willing to step down if Spence-Jones is cleared and let her have her seat. He's the one person who's made that commitment. And I believe he would do it. He has a background for being able to work with Hispanics where he was at the Hope Center for many years as the top administrator working directly in . He believes in education. He's educated his daughters. He's an educated person. And he loves his people. I believe that if it comes down to second place, and according to Robert Rules in [sic] Order, we can do that. David Chiverton, who won and was elected the first time, is the candidate that deserves, if you're going to use second-place election.

Chair Sarnoff: Ma'am, you need to wrap up, but I need --

Ms. Pinder: Okay.

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Chair Sarnoff: -- you know what I need? I don't know your name.

Ms. Pinder: Mamie Pinder.

Chair Sarnoff: Mamie --

Ms. Pinder: By the way, I was the very first black woman to run for Mayor in Miami in 1981. I ran against Maurice Ferrer, and finished fourth of eight candidates. I ran not because I wanted to be the Mayor, but I ran because I wanted other blacks to know that they did not have to sit and wait for the white man to tell them that they could run. And I achieved that goal. And with that blessing, I thank you and I ask that the Commission break what's been a tradition. Athalie range was appointed. Father Edward -- Reverend Edward Graham was appointed. Father Theodore Gibson was appointed. And it's time to elect who the people want. If it's Spence-Jones, if she's cleared, let's do the right thing for the people. Thank you.

Chair Sarnoff: Thank you, Ms. Pennington [sic].

Applause.

Ralph Pressley: My name is Ralph Pressley, and I live at 1368 Northwest 95 Terrace. I own a business in the City of Miami for 49 years. I'm on 54th Street and 15th Avenue. And I see a lot of things went on -- go on in the City of Miami, and my business was there for 49 years, and really -- I can say that I've heard that a lot of things supposed to be happen to business, but I've never gotten any assistance from these things that's supposed to be going on. But not here to lobby for any assistance. I would just like to see the right person get in to be the Commissioner to try to help District 5 community to do what should be done in that community. I see a lot of things that is in that community need to be done, and I feel as though that Pastor Richard Dunn would be the man to take care the situation. I know him for the last 20 years, worked with him for the last year and 'bout three months. Very close to him. And I find that he is a very honest man, and he would be the man for the job because he is very honest and it's not greed that want him -- that he want to get in that position. He want to help that community. Thank you very much.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Yes, ma'am.

Albena Sumner: Good evening. My name is Albena Sumner. I reside at 1360 Northwest 37th Street, in Miami, Florida. I'm also president of the Allapattah Homeowners Association. Regarding the candidates who made their presentations this evening, I would like to say that I feel that Erica Wright has -- is the most experienced and qualified person for this position at this time. In a couple of months, we'll be dealing with another budget. She has -- she's a former City of Miami Commissioner [sic]. We have no personal relationship. I mean, I'm just listening to people who came up here who represented themselves. I've been a member of District 1. And at the northern end of Allapattah, just my three streets are in District 5. We have had no communication from the previous Commissioner. And we want the opportunity to have the best person, the person who's best qualified for the position, who understands the budget, who's worked for the City. Like I said, is assistant City attorney, and I think she's the best qualified candidate who presented her papers this evening, and we'd appreciate a vote for her as the next Commissioner. Thank you.

Chair Sarnoff: Thank you.

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Alma Brown: Good evening. To the Mayor and Commissioners, my name is Alma Brown, and I represent the Buena Vista West Homeowners Association. And I'm here to speak on behalf and support Erica Wright to fill the position of the Commission seat. The reason I support her is because she represent good ethics. She owes no allegiance to anyone. She has good ethic -- work ethics. And she also is knowledgeable in City government. And this is the reason that I'm supporting her for all of those reasons, because we need fresh, new faces. We need a fresh start here in District 5. And we also need to put -- have someone who is really concerned, who knows City government, and who can represent us, represent our needs. And I feel that I could come to her and let her know the needs of our community. She's already been very visible in District 5, wherein some of them have not, and that's what I'm looking for, someone to come into our neighborhood, look at the needs of the community and do something about it. Thank you very much.

Chair Sarnoff: Thank you, ma'am. Yes, ma'am.

Barbara Hardemon: Barbara Hardemon, 655 Northwest 48th Street. This comment is to the Mayor, Mayor Regalado. I ask, I plead that you please look out for the staff of District 5. They have worked hard to serve the residents of District 5 in the City of Miami to look after them as it has always been done in the past when this type of situation has happened. Thank you.

Chair Sarnoff: Thank you.

Applause.

Chair Sarnoff: Yes, sir.

Kenneth Walker: And good evening. My name is Kenneth Walker. I'm from the Elks Lodge, 1052. And I come to recommend a good man. Mr. Pierre Rutledge is a hard worker in our organization, and we support him 100 percent. Thank you.

Chair Sarnoff: Thank you, sir.

Applause.

Chair Sarnoff: All right. Anybody from the public wishing to be heard, please step up. Well, that was close.

Patrick Range: Mr. Chair, Mr. Mayor, members of the Commission. My name is Patrick Range. My address is 5727 Northwest 17th Avenue. I can't say I'm happy to be here before you tonight. Mr. Chair, you know I come before this Commission quite often. But I'm really saddened to be here this evening. I think the situation that has persisted in District 5 has been an unfortunate one for a number of reasons. I come before you tonight to tell you that District 5 deserves so much better. This what I call a circus, you know, is not what the district is about. I was born in District 5, raised in District 5, have lived all but my four years of college in District 5. My family has operated a business in District 5 since 1953, which my grandfather and my grandmother started. I got to watch, growing up, City of Miami politics really from the time I could watch TV (Television), and I feel very blessed and very fortunate to have had that opportunity to continue to be involved here in this great City of Miami in the great District 5. I want to say a word of thanks to those who were called. I did receive many calls asking me to step up for the appointment for District 5 -- for the election for District 5. For a number of reasons, I thought that this was not the appropriate time for me. However, the district is still in my heart and always will be. I don't plan on going anywhere. If I can help it, you all will see my face long after you leave here. And so I'm grateful for the consideration. I'm grateful for the support. And unfortunately, as I said, it's not my time this time. But I say to you also the district

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desperately needs representation. We cannot afford, however unfortunate the circumstance may be, to not have someone representing District 5. And so first I say to you, let us have representation just as you all have for each of your districts. You constituents want you there. Our constituents need someone there. I have a message for my district as well. We have to stand up, District 5. We have to stand up. It's not enough that we had 4,000 people come out to vote. When there are 39,000 voters registered in District 5. We have a responsibility, District 5, to stand up and be heard in numbers. We have a responsibility. I ask you to help me tonight. No matter where your support is, what your feelings are, if you care about this district, you go home, you speak to your grandchildren, your children, your cousins, your aunts, your uncles, and you tell them that the district needs you. You tell them that the district needs them. Every time there's an election, you know, we should feel like President Obama is running, because it's that serious for our district. So I ask you, if you do nothing else, stand up and fight for this district, stand up and let your voice be heard in greater numbers than 4,000.

Applause.

Mr. Range: And so while I'm saddened to be here to have to speak about representation for District 5, I am encouraged because if nothing else through this process, we've seen a number of folks step up to be considered, and there's no question there are some great candidates --

Chair Sarnoff: I've got to ask you to wrap it up.

Mr. Range: -- in this pool. In closing, I encourage each of these candidates to step up for District 5, regardless to what happens tonight, 'cause this decision is not ours. But step up for the district. Be a part of the district. Don't let this be the only opportunity that you are seen here. And in closing, I feel that there is one candidate that has been a part of this community, that has grown in this community, that I have watched in this community, that I have watched pull people together with notoriety and bring support and resources to this community, bring people together, such as Edgerrin James, who is a little under the weather this evening, NFL (National Football League) player -- if he would just wave for us -- Luther Campbell, who have come and thought it not robbery to come down. And they don't come to public forums; they give their resources, their time, their money to this community. And they've come here in support of who I'm supporting this evening, Pierre Rutledge.

Chair Sarnoff: Thank you.

Mr. Range: Thank you.

Applause.

Vice Chair Carollo: Mr. Chairman.

Chair Sarnoff: Yes, sir.

Vice Chair Carollo: I actually -- I appreciate the words of Mr. Range. But at the same time -- and, you know, I actually told -- or mentioned to Mayor Regalado the other day that, you know, I always hate to be the bearer of bad news and it seems like the way our finances are going and so forth, seems like, for the most part, I'm always up here with -- the bearer of bad news. With that said, I am always one that speaks about fairness. And although I appreciate Mr. Range's words -- and actually spoke quite eloquent -- one thing that I didn't mention is -- or that I did notice is that he received much more time than two minutes and that's not fair.

Applause.

Ms. Ayers: You know what (UNINTELLIGIBLE) and y'all can shut me up if you want to.

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(UNINTELLIGIBLE) I don't care. But his mama was the first black City Commissioner we had here in our district.

Chair Sarnoff: All right, all right.

Ms. Ayers: His mama did more in this community than anybody that I know.

Chair Sarnoff: Okay.

Ms. Ayers: Everyone here knows and I know it.

Chair Sarnoff: Okay.

Ms. Ayers: I'm going to hush, but don't tell me --

Chair Sarnoff: Okay.

Ms. Ayers: -- I know what's (UNINTELLIGIBLE) --

Chair Sarnoff: You know what? Wait, wait, wait, wait. Stop, stop. My fault, my bad.

Ms. Ayers: (UNINTELLIGIBLE) if you want to. I'm going to say what I want to.

Chair Sarnoff: My fault. You know what, the candidates are going to be --

Ms. Ayers: Don't get (UNINTELLIGIBLE). I don't play that. Leave him alone.

Chair Sarnoff: Hey, everybody take a deep breath. The candidates are going to get up and have an opportunity for two more minutes to say what they want and then be questioned by the Commission, so it ain't over. And I apologize. I did let it go on too long and that was my --

Ms. Ayers: I worked with your daddy. I helped him. So don't start.

Chair Sarnoff: Okay. Go ahead, ma'am.

Saliha Nelson: Good evening. Saliha Nelson, 1600 Northwest 3rd Avenue, chairperson of the Overtown Community Oversight Board. And I just wanted to express to the Commission and all of you here in this room that, one, I felt compelled to speak because I hear a lot of fear, I hear a lot of doubt, I hear a lot of anger. And what I wanted to get across to those in the community and to the Commission is that we need to channel all of this into working everyday in our communities. And I would hope that whoever serves to represent the district in Overtown that you look to community solutions and looking to work with your -- the local community boards. There's a lot of passionate, dedicated work that has been going on at the community level, and I've only known a couple of folks to reach out to us in Overtown that have been doing the work for the past year and with all of those others in the community. So I would invite and hope that each of the candidates being considered and who are selected look to us who are working in the communities everyday to help you with this uphill battle, and that I would hope that the Commission considers those who will respect those and work with those at the community level. So thank you very much, and I wouldn't want to be in your shoes.

Chair Sarnoff: Thank you. Yes, sir.

Vernon Clarc: Mr. Chair, am I too late?

Chair Sarnoff: No, no, no. Go ahead.

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Mr. Clarc: Okay. Thank you so much. For those who don't know me, my name is Vernon Clarc. I'm known as Tag Man, the political watchdog. I see my two sons there. I remember when they was small and also my great friend and my famous Mayor here. I feel like Solomon when they brought the baby and some said that -- one lady said it was mine and the other one said -- one of the ladies said, oh, cut it in half. I have a cousin here, parents are out of Coconut Grove. I have another great friend, Pierre Rutledge, those two people. And I felt very bad. I wasn't going to say anything, but I think that we shouldn't attack our ministers who's been the crop of supporting all of this. And I'm quite sure Mr. Gort know and many of them. For the young people -- I'm 73 years old. And these ministers have worked very hard. Reverend Dunn is an honorable man. I like Michelle Spence [sic], but a divided house can't stand. And I have to go with Pierre because his mother and my grandmother -- you know how we Bahamians are. We're like the old Jews. We (UNINTELLIGIBLE) take care of our family if they're good, both of them. And I'm going to warn young people, don't get up in a public forum and attack any ministers. The rabbi wouldn't do it. The Catholic priest wouldn't do it, and I'm quite sure -- I don't care what you say about me and my friend. I think I -- the only guy that come to the door and don't have to call the police and see a black guy with a big hat there. So what I'm telling you all, a divided house can't stand. And I just feel sorry for the young lady. I told her she couldn't read the people around her. These people here got to carry the city. Now all the hollering and shouting, you got to know the law, civic and criminal. So let us all work together and support one another. Thank you, Mr. Sarnoff.

Chair Sarnoff: Thank you. Anybody else wishing to be heard? All right. The public hearing is now closed. To the Commissioners, there have been two names added to the list, and I'm going to give them an opportunity to speak, should they want. Basil Binns and Robert Malone, Jr. Come on up if you want to speak.

Robert Malone: Good evening. Good evening, audience.

Chair Sarnoff: I'm sorry, candidates.

Mr. Malone: Candidate.

Chair Sarnoff: Candidates.

Mr. Malone: I have two minutes?

Chair Sarnoff: You'll get five minutes.

Mr. Malone: I have five minutes, okay. What I waned to say -- and I was a candidate for District 5 Commission. And --

Chair Sarnoff: I'm sorry. Go ahead.

Mr. Malone: No problem. I'll wait. Okay. I want to say this, and I'll be kind of brief. Last -- there was a young lady just a few minutes ago that said -- that asked where were the candidates last night. I attended a vigil last night where a young lady, a 15-year-old young lady that was shot in the head due to a drive-by shooting. I didn't see any of the candidates out there except for me. We're dealing with the African Square Park issue. I have not seen any of the candidates who ran in this race out there dealing with the African Square Park issue at all.

Applause. Mr. Malone: Not one. Now let's be real about this situation. We cannot have a situation where the Mayor or the Commission choose our leader anymore. It is unacceptable. You cannot be beholden to the Mayor and the Commissioner and run -- and do your business in District 5. It

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has happened before. It cannot happen again, okay. We have -- we are in a situation right now where we have double, triple unemployment in our community. We have no economic development whatsoever. We have young men who have gone off to prison, came back and cannot get a job. And what are we here for? Two hundred thousand dollars we spent on another election. And for what? For this. Now someone would appoint our leader once again. When will this stop? I am independent. I am not controlled by any machine whatsoever; have not been connected to one, don't want to be a part of one. That what makes me qualified. I'm from this community, Overtown and Liberty City, grew up here. They just moved here, but grew up here. My father was a longshoreman. My mother graduated from Miami Northwestern. I graduated from Miami Edison. My roots are here. I know what's going on in the community. I know about 15th Avenue and the troubles there. I'm saying to you right now this is our moment right now where you choose, you, the Commissioners, a person who is independent, who is not beholden to you. I'm telling you I will work with you, but I will not work for you. Thank you.

Applause.

Chair Sarnoff: Thank you. Basil, would you state your name for the record?

Basil Binns: Good evening, Commissioners, Mr. Mayor. My name is Basil Binns, II, 4120 Northeast 1st Avenue. To the four of you all, I don't envy the decision that you all have to make, because there is definitely a long list of qualified candidates for this appointment. And I apologize for breaking the protocol and signing up later, but I hadn't planned to qualify. I hadn't planned to speak this evening, but as a 28-year resident of the City of Miami, 28-year resident of District 5, I felt compelled to do so. With all the candidates you have presented before you, the issue is you're going to have a lack of continuity in District 5. Not only have I lived in the district all my life, but I've worked for the City for the past five years, two years in a Commissioner's office, three years for the Administration. And District 5 has been without a Commissioner for almost three months. Whoever comes in here is going to have to start fresh. Any of the other candidates are going to have to start fresh with their own initiatives, learning the City, only to possibly have this same situation again in November or before, if the suspended Commissioner is returned to office. And everybody in here agrees, I'm sure, that that's not fair to the residents or the businesses of District 5. Therefore, I present myself as a qualified candidate who can carry on the work of District 5 without skipping a beat and bridging the gap until the permanent Commissioner is appointed or elected. I thank you and I ask for your support. Thank you.

Chair Sarnoff: Thank you. All right. We have a request for a recess, so I'm going to grant us a recess for ten minutes and we'll be back in ten minutes. Thank you.

[Later…]

Chair Sarnoff: (INAUDIBLE) have them speak for two minutes. If any Commissioner has any question, I'd ask the candidate to respond to the question. I'm just going to do it in the order that we have it on our ballot, and I'm going to ask Charles Flowers if he would step up. Mr. Charles Flowers.

Vice Chair Carollo: Mr. Chairman, could we wait for Commissioner Sarnoff -- I'm sorry, Commissioner Suarez?

Chair Sarnoff: He'll come in. Mr. Flowers, I'm going to give you two minutes to speak on any issue you'd like to speak on, and then I'm going to ask the Commissioners if they have any questions of you.

Mr. Flowers: Mr. Chairman and Commissioners, Mr. Gort -- Commissioner Gort, the reason I'm here, as I stated before, was to serve the district. I sit on the dais for you guys, the City,

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twice a month now and I've been sitting for years up there hearing the same cases that you Commissioners are hearing. But I only want to serve as a caretaker. I will not run when it's over. I will not run. I know I've gone to schools. I've been honored on this dais by many of the mayors and the Commissioners over a period of years by -- We had Mayor Carollo honored me, of course. We had Mayor Regalado honored me before and other Commissioners for the work I've done at no charge and no cost to the City. I don't need the money. I'm a retired military -- retired vet and so forth and so on. I do it because I love the district. And I also had a business in Allapattah for many years, a bail bond. It's been there for over 30, 40 years on 17th Avenue. I've served in service. I've served Opa-Locka. I've trained a lot of pilots from the City of Miami. If the Manager was here, the Manager could -- back -- City backed I think it was 12 or 13 kids who I had trained in Opa-Locka who built an aircraft from scratch and was flown -- was test flown. So I've did a lot. I do it because I wanted to from the heart. It had nothing to do with pay or nothing. And I still will do and able to do the same thing for the City of Miami and District 5, but it's up to, you know, you Commissioners to make that call, the best person that you think is best for this position. Go for it. You have a big task before you and just go for it.

Chair Sarnoff: Thank you. Do any of the Commissioners -- stay there -- have any questions of Mr. Flowers?

Vice Chair Carollo: Mr. Chairman.

Chair Sarnoff: Go ahead.

Vice Chair Carollo: I actually have a question for the City Attorney. Madam City Attorney, can we legally bind any person or aspirant for -- to -- can we legally bind them not to run for office should they be appointed?

Ms. Bru: No.

Vice Chair Carollo: So even if they say that they will not run for office in November, we would have to take their word for it? There's no legal binding document that we could -- or contract?

Ms. Bru: It'd be a matter of honor, but not a matter of law.

Chair Sarnoff: And the two shall never meet, right?

Vice Chair Carollo: Thank you, ma'am.

Mr. Flowers: Commissioner, I served honorably in the military and have top secret clearance in the military. But I'm willing to sign any form with the City Attorney stating that I will not seek election.

Chair Sarnoff: Thank you, Mr. Flowers. Any other questions? All right. Mr. Richard Dunn. Mr. Dunn, you have two minutes.

Mr. Dunn: Thank you very much. There're several issues that I need to address very quickly. Fairness. I was the second-highest vote getter. I was the second-highest vote getter. Even if you combine the votes of November of the other aspirants or persons who ran for office, it will not equal the second-highest number in that one race of 601 votes. If we're going to respect democracy and the will of the people since the former Commissioner is unable to serve, I believe, in a matter of fairness, you cannot get past that. Unity. No one is in a better position to unify and heal this community than myself, given my 47 years of living in this community. I live in one of the toughest areas of Liberty City. I'm not afraid. I attended one of the toughest high schools, but one of the greatest high schools in Miami Northwestern Senior High School. I have -- and I have the roots and the pulse of the people to serve in that capacity. Last but not least, my name

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was impugned, so I need to address that very quickly. For the record -- just for the record, I was called by the former Commissioner through various persons probably over 25 times to come to her house and pray with her. I just want to state that for the record and consider the source who gave the information. Thank you.

Chair Sarnoff: Thank you. Wait, wait. Stay there. Do any of the Commissioners have any questions of Mr. Dunn?

Commissioner Suarez: Reverend, how are you?

Mr. Dunn: I'm fine, Commissioner.

Commissioner Suarez: Thank you. We interviewed and we spent some time together. And like I told you when I interviewed with you, I would have some tough questions. Because if this Commission can agree on, you know, appointing someone, it would have to be through a certain measure of consensus among us; and I think for us to gain that consensus, I think we need answers to some questions that are difficult questions. And I will be fair and ask tough questions of the other candidates. And I think, you know, you understood when we interviewed that I told you that I would ask tough questions of the other candidates and many of them are the same questions. One of the questions that I asked you in our interview -- and I think it's important for you to clarify, particularly because of some of the things that have been said here today -- is is there anything in your background that would be relevant to us making our decision here today that we should know about that is not of a positive nature?

Mr. Dunn: I probably -- the biggest thing was that I had a suspended license. My license was suspended during a period where I was having economic hardship and I continued to drive, so my license was habitualized [sic]. I became a habitual traffic offender. However, since that time, I do have a valid license. I had to -- my -- I do have a valid license. My church knows about it. I believe that is the main thing. And the other thing is, of course, the Drake Memorial Baptist Church. If I may -- may I read this affidavit that is attached to -- in response --

Commissioner Suarez: Yes, you may.

Mr. Dunn: -- to your question?

Commissioner Suarez: Yes, you may.

Mr. Dunn: All right. This is an affidavit that I finally decided to get after many years of being demonized. Unfortunately, in my 2005 election this was used against me by the former Commissioner, who I ended up forgiving. That's the type of person I am. It says basically, I, Arthur Fair, do hereby solemnly affirm, swear the following to be true, the whole truth, and nothing but the truth, so help me God. This was submitted to the Florida Elections Commission and the Ethics Commission. If you violate this, you can be charged with perjury. I, Arthur Fair, deacon at Drake Memorial Baptist Church, in Miami, for over 20 years, member of the church for over 30 years, and chairman of the board for nearly 20 years -- he's the chairman of the board of trustees and the deacons and he still serves as that chairman -- will state for the record once again, as documented in the Miami Herald on June 7, 1991, in the Local section, I quote: “I believe that the problems that Reverend Richard Dunn had at Drake Memorial was a result of a spat between Reverend Richard Dunn and his grandfather, the Reverend Jarius Dunn.” Listen to this. “Our board saw no reason to take disciplinary actions at that time. Reverend Richard Dunn was more than welcome to come back as the church's assistant pastor” -- I was never pastor -- “since his resignation caught the entire church by surprise.” Signed on the 8th day of January 2006. Signed by Arthur Fair. Now let me just corroborate that with the story in the Miami Herald. And you got to bear with me -- and let me see -- 'cause it's in tiny writing. Dunn, assistant pastor at Drake Memorial Baptist Church, recently admitted to the parishioners that he

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misused church funds, some to pay his personal bills. He said he needed the money after a salary cut but made up for it later by giving the church more than he took. Stay with me. Sometimes when you're under pressure, you don't always go by the book, said Dunn, who had temporarily taken over as pastor in 1989, my God, after his grandfather took ill. When I was taking cuts to try to make the payroll of over 20 people on staff, mainly single mothers -- I never bought a car. I never bought a -- I never went on a trip. I never misused it. It was basically -- Let me just read what's in the article. And it says, Dunn said -- and I -- you need to get this -- when I took cuts, my salary for that year was $8,400. Why? Because Dunn said, who'd temporarily taken over as pastor -- I'm sorry -- Dunn said he was earning only $8,400 a year at the 300-member church. Before taking the pay cut, which was voluntary, he had no choice, he said, after the church paid up the 40 to $50,000 in Internal Revenue Service bills. So he started paying himself back from the church's daycare fund, often without obtaining the boards [sic] of trustees' approval. That was against church rules. Dunn said he returned $10,000 of the missing money last year. He said that's why he took a $30,000 a year position as an aid to Miami Commissioner -- former Commissioner Victor De Yurre, a job he left after one month. Dunn said it was his grandfather, the Reverend Jaris W. Dunn, who pressured him to take the actions to the church's board on May 22, the same night he resigned. Now that was a year after I took it to the board. I was never -- and I state for the record -- forced to resign. Anybody who says that are lying -- they're liars, period. Let me just finish. I don't want to say nothing wrong. Dunn said it was -- okay. But -- here's the key, and it's in the article -- Arthur Fair, chairman of the church's board, said he believes Dunn did nothing wrong. He said the problems are the result of a spat between Dunn and his grandfather. According to Fair, church leaders first learned of Dunn's action more than a year ago. So if I was forced to resign, how did I stay there for a year? It's a simple -- I mean, it's just unfortunate that I've been demonized like this. After asking Jaris Dunn, the pastor, to account for the missing funds, Fair said the board saw no reason to take disciplinary action. And lastly, right here, Dunn, however, may return to Drake because the board wants him back, because his grandfather suffered a heart attack two weeks ago. That was in 1991. If you steal money from black folks' church, you won't even come within a thousand feet of that church. I have preached at that church over 20 times since my grandfather passed. I preached funerals. I've done revivals. The people love me. As a matter of fact, if you go by there right now, you'll see my sign still on their gate, 5800 Northwest 2nd Avenue. And so I'm just glad that I have the public opportunity for the first time to dispel the lies that have been -- the vicious and malicious lies that have been told about me. Anybody knows me know -- and you said it -- and I hate to put myself -- but I got to say it. Money is not my object. I don't care about money. Money doesn't move me. I care about serving the people and the people of God and the people of District 5.

Applause.

Commissioner Suarez: Thank you, Reverend. I have another -- I have some more questions. Thank you for that question [sic]. The prior Commission candidate, appointee candidate, Mr. Flowers, suggested -- no. Reverend, please. I have some more questions for you, sir.

Mr. Dunn: Oh, I'm sorry. I apologize. I didn't know.

Commissioner Suarez: It's okay.

Mr. Dunn: Okay.

Commissioner Suarez: The prior Commission appointee candidate suggested that he would be willing to act as a caretaker of the seat until the November 2 election. My question to you is -- we have a lot of young candidates who have -- for District 5 who filed and ran in the special election and who are a very bright prospect for the future of District 5. Obviously, I think all of us here would prefer any decision related to District 5 to go through the democratic process and I think everyone here has expressed that preference. And my question is, would you consider

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being a caretaker of that seat so that other young, talented candidates can run a regular election to be decided in November? That's my question to you.

Mr. Dunn: I appreciate that question, Mr. Commissioner. I have about four -- what we call sons in the ministry. No other young pastor my age -- I'm 49 years old -- has four pastors that pastor in the same city. I'm about the business of empowering other people, especially young people. If Mr. Range were here -- I'm talking about Patrick Range, Sr. -- he will tell you that in 2005 -- Is he here? -- Okay, 'cause I speak truth. That's all I do. -- I went to him and said, would you ask your son to run in 2005. We need new blood. We need new leadership. And at the time, of course, he declined. I've always been a person who believed in supporting and empowering young people. As a matter of fact, in 1989 -- that's how far I go back -- myself and Bishop Victor Curry lobbied these same halls -- your father was the mayor then -- and we pushed and we were able to receive the appointment for the late Mrs. Athalie Range. I was directly instrumental in that. Your father will tell you that that took place that particular time. My answer to your question, sir, is I would have no problem serving as a caretaker.

Commissioner Suarez: So you would commit here publicly that if the --

Mr. Dunn: I mean, if that's -- yeah, yeah, if that's --

Commissioner Suarez: -- if that were the will of the Commission -- if the will of the Commission were to appoint you to serve as a caretaker and not to run or not to seek election in the November 3 election, you would be okay with that? You would --

Mr. Dunn: I would be --

Commissioner Suarez: -- publicly state that?

Mr. Dunn: Well, I would give the same commitment that Mr. Flowers gave.

Commissioner Suarez: Okay. My next question is, if you're not appointed --

Mr. Dunn: If -- no. Wait a minute. Let me just say something. If the will of the Commission is that's the stipulation, so be it. So be it. I'm about fairness. If the Commission -- if that's your will, I would adhere to the will of the Commission. If that's not your will, then let democracy continue to take its place. And let me say this. When Michelle -- when I first announced that I was running on December 3, if you look at the Miami Times which came the following Wednesday, December 9, you will see that I was the only candidate that said I would be willing to give the suspended Commissioner, Michelle Spence-Jones, her seat back. So I'm about fairness. I don't just talk it. A lot of people talk it, you know, but I do my best to try to walk it.

Commissioner Suarez: Okay. Another question. If, for some reason, the Commission doesn't appoint you and it goes to an appointment process, would you support the eventual nominee? Would you support whoever was appointed by the Commission?

Mr. Dunn: Yes. The answer is, Commissioner -- and let me see how I can say this without, you know, being -- I was in a vicious 2005 election. Things were said about me that were malicious lies. They were not true, period. And you know what, Mr. Chairman and Mr. Commissioner? For the good of the community, I forgave Michelle Spence-Jones. And you know -- many of you know sitting here -- because I heard some people say I don't work in the community. That's not true. I served as the chairman of the homeless when they had the Umoja Village. I was the appointee by Commissioner Michelle Spence-Jones, because I've always worked for the good of the community. Nothing will change. I will be the same as I've been, as I have been now and as I will continue to be. I will say this -- well, I won't say this -- but some names you hear and things you hear, I've never heard of these folk. I live right in the heart of the City and I love my

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community and I will continue to serve this community.

Commissioner Suarez: Okay. I have another question. My other question is this responsibility, this job is -- and I can't imagine that it's going to get any better any time soon -- it's incredibly time-consuming. It's an incredibly time-consuming responsibility. My question to you is, have you thought of -- or how will you split time between your duties in the private sector and your duties in the public sector?

Mr. Dunn: Well, for many years, Mr. Commissioner, because as you saw and you heard in the reading of the article in the Miami Times, we call what they call pastors who are not full time now. I've been blessed to pastor the Faith Community Baptist Church and they're here now for the first time, and you saw -- I even submitted my tax report to you, Mr. Chairman, because a lot of things have been said. Oh, he doesn't have any money. He's this and he's hungry and -- I have a church that can pay me full-time salary for the first time in my entire ministry, for the first time. I will do what I've always done. A tentmaker is someone who usually has a church but also has a job. Whatever it takes to take care of my family, to take care of my community, which I'm so proud to say both of my sons attended public and private schools. I didn't get any subsidies. I paid out of my pocket. My oldest son is a graduate -- went -- attended Miami Northwestern, both of them did -- of Mt. Signor Pace High School and also a graduate of Dade - - my youngest son, a graduate of Dade Christian. It costs about 8 to $10,000 a year. Nobody gave me a dime. I worked hard. I sacrificed. Because cars don't excite me, diamonds and rings don't excite me, money don't excite me. Only thing I'm excited about is doing the will of God and serving his people.

Commissioner Suarez: Thank you. Two more questions. One is what new and innovative ideas do you have to reform District 5?

Mr. Dunn: Well, I believe one of the areas that -- and I -- again, I was demonized for this, but I will state for the record. In 2002, I believe it was, I was the chairman -- not the executive director -- of the board. I did not receive a salary, again, because even though I was the organizer of this community development -- we were the first community development corporation or any private or public developer -- and I'm going somewhere with this -- to build single -- detached single-family homes in Model City/Liberty City area. That's the corridor that goes from 12th Avenue to the east, 17th Avenue to the west, 54th Avenue [sic] to the south and 62nd to -- No one else was doing anything. We were the first to ever do affordable housing, and we were able to develop public and private partnerships. We were able to do façades. It wasn't just for housing. We were -- and we were lauded by former Mayor Manny Diaz as one of the best community development corporations in the City of Miami, and I have a record of that as well. What I would do is continue to build and encourage business development. Now how does that happen? Our area is a high-crime area. It is a fact. I believe that there needs to be a better relationship established between police and citizen. Right now, if you look at the citizens and you look at the police, you have this culture called the “No Snitch.” I believe if trust is established between police and citizens, you will have an opportunity to attract corporations and businesses to the area. If you don't deal with the criminal element or the fear of being victimized by crime, it will continue to be an area where not only do the possible investors shun the area, the people who live there will go elsewhere. And that is the only way that we can really even establish any kind of economic development in that particular area --

Commissioner Suarez: Thank you.

Mr. Dunn: -- in those areas, not just Liberty City; Little Haiti, Overtown. We need to attract major corporations and different people.

Commissioner Suarez: And my last question is -- we've heard a lot of statements here today about the pain that people are feeling in District 5. It's palpable; you can feel it. My question is,

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how would you heal that community if you were appointed?

Mr. Dunn: The way I've always done it, Commissioner. I've always been an agent of healing. I've always been an agent of reconciliation. I've always been an agent of forgiveness. What more can be done and said about you than the things that have been said about me? And yet, you know what? To all of my haters, I love you and I forgive you.

Commissioner Suarez: And the last thing I just want to say before turning it over to the next person who would ask -- want to ask any questions is I want to acknowledge your son who gave a very beautiful presentation on your behalf. I think it takes a lot of courage to come here.

Applause.

Commissioner Suarez: And being here on behalf of your father, I just want to tell you that those things do have an impact, and I appreciate you coming here. Thank you.

Mr. Dunn: Thank you.

Chair Sarnoff: Commissioner Carollo? Commissioner Gort? I have a question.

Mr. Dunn: Sure.

Chair Sarnoff: A budget is the competition of competing interests. The City of Miami's budget -- or will-be budget is resourced to its absolute maximum, meaning that there is going to be further cuts and there's going to be further bleeding and further pain felt. If, in fact, you had to decide between economic development and affordable housing, what percentage would you put towards your budget towards each?

Mr. Dunn: That's a great question, Mr. Chairman. I believe that one sort of feeds off the other. If you have people who will invest in their community -- and the only way that they're going to invest in their community is there's some -- I'll use this term, there's some skin in the game. They have to have some actual feeling of partnership, that they care about their community. One of the problems that we face -- and that was one of the reason -- I hope I'm answering your question. One of the reasons why we went to affordable housing -- by the way, those two houses that we did build were for two single female African-American women who were able to get houses at $500 down and they -- these were 95,000 to $100,000 homes, and their mortgage payment was less than 650, $700 a month. Of course, that was in 2001. But to answer your question, I believe that one drives the other. When people have a nice area that they feel that they love, they appreciate, they respect, then they will fight for their community and they will also want to see that community prosper because their tax base -- I'm a homeowner so I understand that. A few years ago some gentlemen were in front of my home shooting dice. And I told them, I said, “Y'all going to take this out of here or I'm calling the police.” And I probably shouldn't have been that brazen, but I was so adamant about that, that I have a family, I have a wife, my youngest son, who's at Bethune Cookman University [sic]. If push come to shove, I'll be willing to die for my family and die for my homestead because that's -- your home is the American dream. And I believe that that feeds into the economic success in terms of development of the community. That's one of the reasons why I, you know -- I didn't just move into the district to run for office. I actually sleep every night in District 5.

Chair Sarnoff: So what percentage --

Mr. Dunn: Oh, what percentage.

Chair Sarnoff: -- would you put --?

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Mr. Dunn: Probably -- I mean, it would all depend on -- I mean, that's a kind of tough question. I don't know, I guess based on what the needs are, what the dollars are in terms of what's available, because when you start talking about affordable housing, it's not just cutting the dollars out. You have to have the land purchased. I would say maybe -- I don't know, maybe 50/50. I don't know. I mean, that's just off the top of my head. But of course, I would seek out people who are skilled and professionals who understand the nature of economics. That would be my first --

Chair Sarnoff: What is the base industry in your district?

Mr. Dunn: Oh, man. Wow. That's a tough question. I would probably have to say restaurants and probably churches.

Chair Sarnoff: What is the unemployment rate of a male between 17 and 36 years old in your district?

Mr. Dunn: I don't know. I don't -- 30 percent, 25 percent, something -- I mean, it's very high. It's double digits. I know it's -- whatever the number of the unemployment rate -- We have a saying. When America catches a cold, District 5 catches pneumonia. So -- and we hire young people. I've hired young people. I hire people at my church.

Chair Sarnoff: Well, if, in fact, as your community has stood for years -- and this is my understanding -- that your unemployment rate between males between 17 and 36 years old is upwards of 45 percent, how would you change and what new base industry would you bring to your district?

Mr. Dunn: I think one of the areas -- let's address the problem since you raised that question. One of the big -- and I believe I'm best to speak at this. One of the problems is many of the people can't get jobs, because they've been felonized [sic]. They have felonies. And so many times they are -- I think the areas of service would be one of the ways that we can put our people back to work and to try to encourage entrepreneurship with service-type jobs. Those are opportunities that we can get right at the ground level and start doing the kind of things that -- and then hopefully establish a relationship with the greatest industry in South Florida, which is tourism, and tie into the hotels and try to help our young people to be given second chances so that they can be given opportunities for employment. I believe -- tourism is the number-one economic boost for this community. I get e-mails (electronic) from Bill Talbert all the time and he talks about -- you know, in terms of how important it is that the two go -- so we need to probably plug into that. And not -- you know, and then train and have people go through management -- hotel management training, those individuals who qualify. Because one of the things that we're losing is many of our young people who do go away to college don't come back to Miami because there are no opportunities and we have to create opportunities for them.

Chair Sarnoff: Thank you. Appreciate it.

Mr. Dunn: Thank you.

Chair Sarnoff: Anybody else? All right. Let's bring up Dufirstson Neree. Dufirstson, you have two minutes.

Mr. Neree: Thank you again for this opportunity to present myself of someone capable, willing, and ready to serve the City of Miami as Commissioner for District 5. In my introduction I provided you an overview of my background and I stressed that you should nominate me because of my connection, character, and commitment to the community. In these two minutes, I would like to give you a few brief statements about my platform that I presented to the community as part of my campaign. As you know, I am always eager and ready to serve the people of Miami.

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As Commissioner, I will focus on three primary concerns that constituents had expressed to me while I walked door-to-door from the (UNINTELLIGIBLE) line on 87th Street all the way down to visit people in Spring Gardens. And what I told them is that I would focus on economic development, bringing jobs to our community, because that's desperately needed. I would also focus on more job creation by helping the City benefit more from many of the provisions in the Obama stimulus package. And my third and final issues that I'm concerned about is the affordable housing crisis, and I have a solution that I will propose in a few seconds, and I'm desperately eager to help the people improve their quality of life, which entails all the social issues that were expressed by the constituents. I started a bank at the age of 21. As Commissioner, I will lead the people of the district to start two new banks. One will be located on 79th Street Northeast 2nd Avenue.

Chair Sarnoff: Okay, Mr. Neree. I don't want to let anybody go over, and I want to thank you. However, I want to ask any Commissioners if they have any questions of Dufirstson Neree?

Commissioner Gort: I'll ask the question. How will you go about the second bank?

Mr. Neree: How would I go about doing it? First of all, there are three criteria. The people of District 5 have a strong deposit base. They support First Union on 92nd -- on 95th Street and they support three banks in that Martin Luther King area; Chase, Regions and a few others. I would basically partner with every pastor that operates a church in my community and build a coalition. And I would go visit them and their constituents to ask that they support the creation of a black-owned bank in the City of Miami. And I would use my resources from the Harvard Business School, Harvard Community School of Government, as well as all the connections that I've made here over the past 30 years living and seeing what goes on in our community, and I would raise the $5 million in order to create the initial deposit base. But as Commissioner, I would also ask the City to consider donating a vacant plot of land in order to put that bank. There're three possible sites right now. There's a vacant plot of land on 62nd Street Northwest 12th Avenue. There's another vacant plot of land on 62nd Street and 17th Avenue. I will create a bank and I will ensure that every teller and every loan officer is someone that has an interest in District 5.

Commissioner Gort: Thank you.

Chair Sarnoff: Commissioner.

Commissioner Suarez: Hi, Dufirstson. How are you?

Mr. Neree: Good evening.

Commissioner Suarez: I'm going to ask you some tough questions as well. I think in fairness to the reverend -- and I had not met with, by the way, Mr. Flowers, so I can't ask him any tough questions 'cause I didn't have a chance to interview him. But I did have a chance to interview you. I think you, you know, have a lot -- you're a young person. You have a great, you know, academic and educational background obviously. The first question I would ask you is the same question that I asked Reverend Dunn, which is, is there anything in your background that would -- that we should know, as a Commission, making our decision that is not positive necessarily that should be brought to our attention in considering your candidacy or appointment?

Mr. Neree: No. There is nothing in my background that is not positive.

Commissioner Suarez: My second question is -- it's a little different question than the question I asked the reverend because I don't think it really applies to you specifically. How many -- in the -- you did not run in the November 3 election; is that correct?

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Mr. Neree: No. I did not run in the general election in November.

Commissioner Suarez: But you ran in the special election?

Mr. Neree: I ran in the special election.

Commissioner Suarez: And how many -- in that time, how many people did you visit?

Mr. Neree: I visited -- knocked on approximately 5,000 doors.

Commissioner Suarez: And of those 5,000 doors that you knocked on, how many of those people voted for you?

Mr. Neree: I don't know how many of the people that I communicated with voted for me.

Commissioner Suarez: More or less.

Mr. Neree: I don't know who -- I know --

Commissioner Suarez: How many votes did you get in the election is the question that I'm --

Mr. Neree: Oh, okay. I got 1 percent of the total tally, which --

Commissioner Suarez: Right.

Mr. Neree: -- was approximately 67 votes.

Commissioner Suarez: Okay.

Mr. Neree: Since we're on numbers, just give me two quick seconds.

Commissioner Suarez: Sure.

Mr. Neree: No problem. It's 66.

Commissioner Suarez: Okay. Thank you. My question is, you know, we're here and everyone's concerned about the democratic process and, you know, we're asked -- if we appoint someone, we're asked to make a decision. And my question is, how do you reconcile the fact that there are other -- many other candidates that received --? If you talk to 5,000 people and you're only able to convince 100 or 66 of them to vote for you, how can we expect you to be able to serve that community and convince them that your plan and your vision is the right one for the district?

Mr. Neree: Thank you for the question. I'm an American. I believe in the American electoral process. And based on my belief in our constitution, the first place finisher in every election is the winner. There is no second best. And that being said, I believe in competition and I believe in service and I am eager and always ready to present myself as someone who could serve this community. There are hundreds of people that I met that said they didn't go to the polls that day. One, the government discouraged them, they say. Two, many had to go to work. Three, there was an earthquake that's televised on CNN (Cable News Network) everyday that coincided with the day of the election. As you know, District 5 has a heavy base of Haitian-American voters. They were preoccupied with other issues. In terms of African-American voters, the community is frustrated. They don't believe that the system operates fairly, and they used the election to express that point of view. The election results are no indication of my ability to serve the public. I mean, there's a lot of other noise that caused the low turnout. What I will do and what I will always do is commend the eight other people that stuck their heads out to give our

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community another option. And I will run again, even if it was for one vote, but -- oh, the second thing is I did run in the election in November 2006. I got 3,500 votes. There're at least 3,500 people in the district that believe that I'm capable and qualified.

Commissioner Suarez: I guess my last question then is -- I think you answered the other question that I posed to Reverend Dunn, which I think Commissioner Gort asked a very similar variation of it. So my last question that I asked to the reverend is how would you propose -- again, we've seen all the pain and we see a community that is suffering through some very, very difficult moments. How would you heal those wounds and take that community forward?

Mr. Neree: Thank you for the question. I hope to be brief, 'cause it's a question that could inspire a lot of passion. As I walked the streets in District 5, I met tons of young people who do not have knowledge of where jobs are in the city. And the first thing I would do is I would use our Commission office as a convener and I would express to everyone who's currently unemployed to send me their resume, and I would create a partnership with South Florida Workforce in order to see what could be done for those people. I sit on the board of Little Haiti Housing Association. I sat on that board for approximately -- now it's my second year. And during my service on the board, South Florida Workforce was looking for a location in District 5 to locate a job center. They say they couldn't find one. So there is an immediate opportunity to use the Commission office to further knowledge of employment opportunities in District 5. The second thing I would do, which, in my Herald endorsement interview I found was a pretty good idea, I would establish a community development loan fund, again, at no cost to the City, to help acquire some of the vacant lots and abandoned property that we have in our district. I've walked -- someone mentioned 39,000 registered voters. Based on the number of vacant houses that I encountered during that process, the voter base has left us. There are not 39,000 people in District 5 who are ready and registered there to vote. The third thing that I would do is work harder to make sure that the plans that the City has already expended a tremendous amount of resources, one related to the Martin Luther King business corridor, especially -- second, related to the 54th Street redesign, and there're also plans on the Northeast 2nd Avenue corridor, and there are plenty of other projects set for the west side as well that I would work tirelessly and partner with the people who've invested the time in order to promote those projects to actualize and bring confidence to the community in that way. Those are my three or four points.

Commissioner Suarez: Well, I commend you for your presentation. I don't know if anyone else has any questions. But when I was -- came up with the question for the reverend about him potentially being a caretaker for young people who live in the district who are qualified, who could be the future of the district, you were one of the people that I was thinking of. And you know, I urge you, regardless of what the Commission does today -- and I don't know what the Commission will do -- to stay involved in the community, and you can always count on my office as a source of support for that.

Mr. Neree: I thank you for your kind vote of confidence.

Chair Sarnoff: Commissioner Carollo.

Vice Chair Carollo: Two quick questions. One is, should there be an election, will you be running again?

Mr. Neree: I respect the electoral process. If the people elect someone, I respect that, and I will not harass any elected official during their term. However, if I am in fact dissatisfied with the appointee, absolutely, by all means. With the proper encouragement from the community, I will present myself as someone who's eager and ready to serve us in that instant.

Vice Chair Carollo: Very good. Thank you. And the second question is -- and I guess it goes for all candidates -- you understand should you be appointed that if Ms. Spence-Jones is

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acquitted, then she will take her old seat back and you will have to relinquish that seat? You understand that? And I guess that goes for all the candidates.

Mr. Neree: Yes. I do understand that. Commissioner Spence-Jones was my Commissioner in District 5. I respect her. She served me well. I am here because it was a special election to select an appointment, and that's my precise reason. I respect the American law and I believe in the sanctity of contracts. And if she's acquitted, absolutely, by all means, she will receive her seat back.

Chair Sarnoff: Dufirstson, I'd like to ask you the same question that I asked Reverend Dunn, and that is, if we are resource challenged in the City of Miami and things are going to get worse before they get better and you had a pot of money to spend, what percentage of that pot of money would you spend on affordable housing versus economic development?

Mr. Neree: The City has made a tremendous investment in building our housing base. I believe, as Commissioner, my priority should be to support the residents in their quest to find employment to support their families. I would allocate whatever it was my budget, 80/20 economic development/job creation, 20 percent affordable housing.

Chair Sarnoff: If the City of Miami were a three-legged stool and its economic base, one of those legs, was tourism, describe to me the other two legs.

Mr. Neree: The economic base in Miami is tourism, real estate, and independent commerce.

Chair Sarnoff: And by real estate you mean second home ownership?

Mr. Neree: No. Real estate in terms of mortgage brokers, agents, bank -- people supporting the real estate industry. We have a tremendous amount of people --

Chair Sarnoff: Do you consider that a base industry?

Mr. Neree: For Miami?

Chair Sarnoff: Yes.

Mr. Neree: Absolutely.

Chair Sarnoff: You do?

Mr. Neree: Yes.

Chair Sarnoff: And you said the second one would be which -- what would --?

Mr. Neree: No. That was the second one.

Chair Sarnoff: And what's the third?

Mr. Neree: And the third one is independent business providers, more or less, insurance -- service industry.

Chair Sarnoff: You think the service industry is a base industry?

Mr. Neree: The service industry?

Chair Sarnoff: Yes.

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Mr. Neree: A base industry in Miami?

Chair Sarnoff: Yes.

Mr. Neree: Absolutely.

Chair Sarnoff: Okay.

Mr. Neree: Tourism, real estate, and service.

Chair Sarnoff: If there is a -- would you encourage manufacturing in your district?

Mr. Neree: Absolutely, by all means. The people who live in Model City/Liberty City area have a tremendous asset in terms of land and as -- in terms of employable labor force. And I would work -- as part of my second platform to create jobs by partnering with the Obama Administration, I would help companies that are in large-scale infrastructure, making windmills, solar plants, I would offer them the opportunity -- of course, with the support of the rest of the Commissioners and the Mayor -- to relocate one of their plants in Model City. I give an example every time while I'm on the campaign trail and make it concrete. Siemens Westinghouse is located in Orlando. They are the major supplier to Latin American countries in terms of their equipment for power generation as well as a number of different industries. As Commissioner, I would hop on a plane with as many as [sic] my constituents that are willing to follow me in order to ask Siemens Westinghouse to listen to the President and instead of locating all the plants in Pennsylvania or anywhere else they so choose, come with us to the City of Miami where we desperately want to support your companies as employees and make our living and our prosperity with you. That's simply one example. Second, the people in the Model City area have a tremendous asset of being located on the west side parallel to the Miami International Airport as well as they're equidistant to Opa-Locka Airport. I would speak to and attract as many shipping companies as possible to provide logistics warehouses, put their bases in District 5 on the west side where we have plenty of labor that is able and willing to work in those industries.

Chair Sarnoff: Thank you. And by the way, I did meet with you, and I share a lot of what Commissioner Suarez has to say. If for any reason you do not get this appointment today, I was very impressed with you as a young man. I think the future of District 5 lies on shoulders just like yours. Thank you.

Mr. Neree: I thank you for your kind words, and I'm always able --

Applause.

Mr. Neree: -- to serve the City.

Applause.

Chair Sarnoff: All right. Pierre Rutledge. All right, Alison Austin.

Commissioner Gort: He's coming.

Chair Sarnoff: Mr. Rutledge, you have two minutes.

Mr. Rutledge: Thank you. Thank you for allowing me this opportunity. The foundation of my campaign was moving forward. I sat here tonight and I've heard a lot of rehashing of what has happened in the past. We have to let it go. We can't control it. We know what happened in the past. Our goal is just trying to not repeat it. I think our district is ripe for growth, it's ripe for

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healing. It's ripe for someone who can be a team player because up on this dais, if I'm fortunate enough to get appointed, you have to build consensus. We can no longer polarize what we do here in the City of Miami. This city is a rainbow. And in order for us to serve all of the residents no matter where you are, no matter what your social economic status is, we're going to have to work together. So I'm a team player. I think that I'm the type of person that you're looking for. I didn't come down here with a whole lot of pomp and circumstance, because I don't think this is the forum for it. What I do know, after 45 years of service and living in District 5, we're hurting. I will tell you that some things that happened in the past were good. But there are other things that were not, but we need to move forward and build and continue to make this district one of the most viable districts in the City of Miami. Something else that happens that I don't think is fair when you talk about the district -- residents of District 5. When we went away from citywide elections, District 5 seems to be an island of its own. There's a lot of despair. I walked a lot of houses, knocked on a lot of doors, and what I saw was really heart-wrenching when you start walking the street. There needs to be healing. There needs to be some real thought in terms of a plan, both short-term and long-term, and have someone in the office who can get those things done for --

Chair Sarnoff: Thank you.

Mr. Rutledge: -- District 5.

Chair Sarnoff: Thank you. Commissioners, any questions?

Commissioner Gort: What would be your idea of implementing economic development in your district?

Mr. Rutledge: I didn't understand the first part. What would be my idea of --?

Commissioner Gort: Yes. How will you implement economic development in your district?

Mr. Rutledge: I think -- District 5, as I said, is not on an island by itself. It has to go along with the plan for the entire city. It has to go along with the plan of other districts. We need to start looking at how we want, economically, our district to look. It's disheartening when you asked what was the number-one industry in our district and we said churches. I am a believer. I love the Lord. However, that is not true job creation. We need to, one, deal with our zoning issues because certain types of businesses can't come into District 5 because of the way it's zoned and what we have already in place. Two, we need to pattern what we do in District 5 as part of a comprehensive plan for the entire city. Why should one district look any different from the other in terms of economic development? When you get that right, Commissioner Gort, you now set people up where they can then afford housing and make it affordable. Though you may be able to pay your monthly cost, however, if you have a house and you can't pay taxes, that's a double-edged sword. So you build your economic base through economic development. That creates jobs, and then those people have an opportunity to live the American dream and own a piece of property in District 5.

Chair Sarnoff: Commissioner.

Commissioner Suarez: I have some questions. Again, they may be tough questions, so -- and I told you and I kind of forewarned you all when I met with you that, you know, you would have to answer some tough questions because inevitably we have -- if we do appoint, we have a difficult decision to make and we need to know it's -- we have an obligation not only to the -- to our own district, but to the City to ask tough, tough questions. So I guess I'm going to start with the same first question that I've asked all the other candidates. Is there anything in your background that is of a nonpositive nature that we, as a Commission, should know before making this decision on appointing, for example, someone of your candidacy?

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Mr. Rutledge: No.

Commissioner Suarez: My second question is-- we've had several people here make the argument that we should go with -- if we're not going to, for whatever reason, appoint -- reappoint the suspended Commissioner, which the City Attorney has issued an opinion that she doesn't think we have the authority to do that because of the executive order, we have had several people here today make the argument that we should go with the second-highest vote getter in either the November 3 election or in the special election. My question to you is, how would you justify -- not being the second-highest vote getter in either of those elections, why -- how would you justify this Commission selecting you when you were not the second-highest vote getter in either of those two elections?

Mr. Rutledge: Commissioner Suarez, that's a very good question. In elections, particularly when there's a simple (UNINTELLIGIBLE), whoever gets the most votes win, there's only one winner. There is no prize for second, third, fourth, or fifth place. We have seemed to put emphasis on coming in second. It's either you win gold or you don't. Elections have been won by one vote, they've been won by seven votes. Whoever gets the most votes wins. They don't come back and say two years later, well, you only lost by seven votes. Either you win or you don't. Michelle Spence-Jones won. There is no prize for second place.

Commissioner Suarez: Another question that I have is you presumably have a private sector job and my question is as -- same question that I asked some of the other candidates -- and I'm sorry that, Dufirstson, I didn't ask you this question. I just forgot. And you can answer it. I mean, if the Chairman would allow you to come back and answer it, that would be fine with me. But my question is, how will you juggle your private sector responsibilities and time with your public sector duties, which are incredibly time-consuming?

Mr. Rutledge: That's a good question, Commissioner Suarez. I am gainfully employed, a 13-year employee of Miami-Dade County Public Schools as an administrator who is vested, who makes a nice living to provide for me and my family. I'm coming here merely as a public servant to serve the people of the City of Miami in District 5. How do you juggle it? The first thing that I did after I checked off with my family in terms of this trek, was my employer, and I've been given assurances that I will be given the opportunity where needed to fulfill the duties of my job as a City Commissioner.

Commissioner Suarez: My next question is what innovative ideas do you have for the future to reform District 5 and for the future of District 5?

Mr. Rutledge: There are a couple, and I'll give you one. I think that people in District 5 feel that they've been left out. There's an old form of politics that I used to study in New York where you had neighborhood meetings, where you met in folks' houses. We need to get to a point where our residents, both our young folk and our adults, feel as if they can trust their leadership, feel as if they can trust their government. I think that's our major problem. And what I would like to do is go block by block where you don't have ownership. If you come to 55th Street, Ms. Nesbit will host it. I don't necessarily have to be dressed like this, where we just have a block chat or we talk about issues that are relevant to the people of the district. We often walk door-to-door when it's election time, but after we're elected, that seems to stop in most times and you really disconnect from what's really going on. And I think that's exciting when kids can see you as well as adults. Another thing that I find very intriguing, a lot of our high schools in District 5 are predominantly minority high schools. The requirement for graduation in Miami-Dade County Public Schools for seniors is American Government. And I think I mentioned this to you in your interview. I would like to go in and teach in our schools in District 5, Edison, Northwestern, American Government to our rising leaders in our community, which gives me a face, but also gives them a trust in their leadership that they potentially will be voting for at graduation or

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shortly thereafter. Just something totally innovative that really hasn't been tried before that brings me as a representative truly closer to the people.

Commissioner Suarez: And my last question which I posed to the other candidate is how would you heal this community that is feeling so much pain at this precise moment?

Mr. Rutledge: I think our community is going to have to do a lot of communicating. I think a lot of what goes on in District 5 and the reactions that we get from the residents are simply because of a lack of information. They don't know, and then the circle becomes really small and they believe what they're told. If we're public servants and everything that we do is public information, why not educate our people and make them as sharp as we are as their leaders. Therefore, a lot of the uncertainty, a lot of the distrust in government goes away because you become transparent.

Commissioner Suarez: Thank you. Chair Sarnoff: Commissioner? I'd like you to answer Commissioner Gort's question. How will you promote economic development in your community?

Mr. Rutledge: Okay. Let's take it from the bottom up. Our community needs to be more attractive to attract the kind of economic engine that we want in terms of corporations, in terms of folks coming in to make a real investment. First thing we need to do is make our area more attractive. Once that's done, then we can promote District 5 as a place that you want to come and do business, and I think that starts the entire engine. You clean it up, you make it more attractive, and then you go out and solicit folks to come in and actually look at what you're doing and look at the district and, hopefully, they'll want to make an investment.

Chair Sarnoff: Give me your definition of a base industry.

Mr. Rutledge: A base industry is one that is located in a community that hires from within the community and serves as a base for -- as an -- as a base and an economic engine for that community.

Chair Sarnoff: Okay. Give me a better description.

Mr. Rutledge: I'll give you an example. Most major cities you have convention centers that are tied into hotels that become real economic engines for the --

Chair Sarnoff: Do you consider a convention center a base industry?

Mr. Rutledge: Not an industry, but it's an economic engine that provides growth, it provides jobs, which are hotel and tourism industry here in Miami. It provides careers for folk.

Chair Sarnoff: And if you had in your discretion to determine what percentage of your budget or the City of Miami budget, for that matter, that was to go towards economic development or affordable housing, what percentage would you appropriate to each?

Mr. Rutledge: First of all, I don't think that those two issues are competing interests, number one. But if I had to give you a number, I would probably go 70 economic development, 30 affordable housing because with the emphasis on economic development, you create jobs, you stimulate growth, folks earn a viable living, and therefore, they're able to afford housing.

Chair Sarnoff: Thank you. All right. Alison -- thank you, by the way.

Mr. Rutledge: Thank you.

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Chair Sarnoff: Alison Austin. Ms. Austin, two minutes.

Ms. Austin: Good evening. It's been a long night. I think the fundamental reality for us who live in District 5 is that -- and I heard it said here this evening, but it's an important thing to repeat. We can't spend the money we earn in our communities. The quality of the services, the quality of the amenities are not such that we want to spend money in our community. Those kinds of things impact the quality of life that we have. I don't believe that you could have real community development without economic development. If people aren't working, if they don't have secure places to live, if there's not an issue around public safety where you are comfortable where you live, you can't grow. The community where I live is really like the hole in the doughnut. When I returned here after living abroad for many years, we rode down I-95 and we counted one day 75 cranes happening right here in the City of Miami. Not one of those projects happened in Liberty City or in my community. I have young people who come to our center where we service young people everyday and they tell me in their 17 years of life, they have not seen that economic development, capital improvement project in their neighborhoods. How do we make them believe that they are a part of this community? How do we make them understand that they matter? They have to see something that's real. These are the same young people who managed to go away to college, don't believe there's anything here for them to return to. I'm not a career politician, but people say, where have you been? I've been living and working in my community on the ground for years. Had an opportunity to go other places, but this is where I choose to be. And I think it's really important that we make a difference when and where we can.

Chair Sarnoff: Thank you. And I'm going to let the Commissioners -- have any questions, Commissioner --

Commissioner Suarez: I have some questions.

Chair Sarnoff: -- Suarez?

Commissioner Suarez: Thank you. Ms. Austin, you were one of the few people that, unfortunately, I wasn't able to interview. You did request one kind of late in this process and I apologize that I was not able to accommodate you because I think your candidacy intrigues me in many ways. And I'm going to tell you the same thing that I told the candidates. So, in essence, this is going to be like your interview. So I appreciate it if you understand that in the interview process that I conducted, I was very -- I asked some very tough questions and I think it's my duty to do that. My first question is, assuming, let's say, the Commission decided that they wanted to -- you know, you've had several people run in the November 3 election. You've had several people run in the special election. Assuming that the Commission wanted an outsider, someone who had not subjected themselves to that process for whatever reason, we decided, you know, the fairest thing to do is to select someone who hasn't been in that process and then, you know, there'll be an election. There's all these other procedures, the District 1 Commissioner -- I mean, the District 5 Commissioner may be reinstated, et cetera, et cetera. Would you be willing -- and this is the same question that I asked Reverend Dunn -- to act as a caretaker for the seat so that some of these young, talented, qualified candidates could run a regular election and so that people could choose in a democratic process who their elected leader will be?

Ms. Austin: I think the reality is that whomever serves in this capacity through an appointment is in a caretaker position. That's a given. If the former Commissioner is vindicated, she gets to return to her seat. That in of itself suggested that's what this is. So if the question beyond that is, you know -- it is what it is.

Commissioner Suarez: Yes. My question was kind of specific in relation to -- and it's the same question that I asked the reverend and I think he answered it very specifically. My question is, if we were to be interested in your appointment on the condition that you would be a caretaker for the seat -- in other words, you would not run for reelection --

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Ms. Austin: That's a different question --

Commissioner Suarez: -- in November --

Ms. Austin: -- but go ahead.

Commissioner Suarez: I'm sorry? It's different than the one I asked before?

Ms. Austin: That's a different question.

Commissioner Suarez: Well, then I apologize. This is the question --

Ms. Austin: You're asking whether I would --

Commissioner Suarez: -- that I meant to ask.

Ms. Austin: -- run in November. I've not made that indication.

Commissioner Suarez: Right. But my question is would you consider holding the seat as a caretaker and commit not to run in the November 2 election and allow the democratic process to select from the candidates that have subjected themselves to that process, which is the process I think that we all agree here is the way that our elected representatives should be selected?

Ms. Austin: I've not made any decision beyond the one sitting here to serve my community. What happens beyond November is still a decision that's to be made. To answer the question very specifically, I really don't know. I think having an opportunity to run is my democratic right. So to stand here (UNINTELLIGIBLE) --

Applause.

Ms. Austin: -- and say that I would not, I can't honestly do that.

Commissioner Suarez: Okay. Then my follow-up question to you is you have -- we -- if we, as a body, were to select and appoint -- or appoint someone -- we have a variety of different people that we can choose, all of which are very, very qualified, all of which, in my opinion, care tremendously about the district -- why should we choose someone who hasn't subjected themselves to the democratic process either at the November 3 election or at the special election on January 12?

Ms. Austin: Because in a appointment process, there is no criteria that says that you have to have subjected yourself to that.

Commissioner Suarez: I agree. I'm just asking why should we choose someone that hasn't subjected themselves --? Do you think that there's any kind of redeeming quality to have actually, you know, tested themselves out and their mettle by filing the paperwork, by going, you now, and doing the things that these candidates have done, that we all have done to be elected as an elected official?

Ms. Austin: I think those are very personal decisions that each of you made individually. I had those same opportunities and I chose not to. I am here today because I am a person who works in this community, loves this community, have a great deal to offer to this community, and if it is the will of this Commission for me to work with you, so it is. If it is not, I thank you for the opportunity.

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Commissioner Suarez: By the way, I'm not saying that you don't have any of those qualities.

Ms. Austin: Neither am I.

Commissioner Suarez: I'm just asking some tough questions like I promised.

Ms. Austin: It's perfectly okay.

Commissioner Suarez: Is there anything in your background that we, as a Commission body, should know that is not positive that would affect our decision here today?

Ms. Austin: No, sir.

Commissioner Suarez: Okay. Another question that I have is what new and innovative ideas do you have for making District 5 or for reforming District 5 or for making District 5 a better place to live and improving the quality of life in District 5?

Ms. Austin: We've been talking a lot about economic development, which we all, I think, pretty much agree is critical in our community. When we talk about economic development in Liberty City, the main engines that drive our community are churches, social service agencies, convenient stores, so we starting at the bottom. Anything that we do is an improvement from where we are. Have you heard the term “urban food deserts”? My community is an urban food desert. You cannot get green, fresh vegetables without leaving my neighborhood. So the fundamental quality of a quality of life is good health. We are getting our first serious medical facility. I was with the president of the Senate this morning at a meeting that Frederica Wilson hosted to bring a fundamental health clinic in our community. Let's talk about the basic needs of a community and let's put the politics aside. The reality is we live in an urban food desert that you can't get good medical attention, that the quality of our schools are poor, that you do not have business that would attract other business to come to this community; that we live at a time where we have the highest negative statistics that you can go down the list for. Also, federal and state dollars that are earmarked for those kinds of community needs that we can draw on to leverage the kind of development that needs to happen in our community.

Commissioner Suarez: My last question is, how would you heal this community that has expressed so much suffering here today?

Ms. Austin: By getting on with the business of doing the work that needs to get done. For far too long we have sat in limbo with no decisions being made in an area that is the most disadvantaged. Let's get about the business of making things happen for the people. That brings healing. Sitting here in limbo causes pain.

Commissioner Suarez: Thank you. Thank you for your responses.

Ms. Austin: Thank you.

Chair Sarnoff: Commissioner Gort.

Commissioner Gort: No questions. Thank you.

Chair Sarnoff: Commissioner Carollo. I think you've answered the questions actually pretty well, and I thank you for coming to us today.

Ms. Austin: I thank you for your time.

Chair Sarnoff: Erica Wright. Ms. Wright, you have two minutes.

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Ms. Wright: Thank you very much. You don't have to live in our district to know that -- I mean, for a very long time to know that we need something better. And we need -- we can't stay with the same old, same old because that hasn't been producing the results that we really want for a better district and a better District 5. We need a Commissioner who'll be able to handle the issues. Not that much has been said about what's happening to our brothers and sisters, our friends, our neighbors who are suffering because of their loved ones suffered as a result of the earthquake for Little Haiti. It's appreciative that we've got Commissioners that are doing things for those people, but we've got -- we need a Commissioner in District 5 who's going to be able to handle the issues for the residents of District 5, particularly in Little Haiti, and the things that are happening with them. We need a leader with a clean background, someone will -- who will work to bring the district together, someone who'll be focused on youth services, protecting our elderly, giving them services, improving businesses so that we can have jobs, making sure that our parks are improved, and who has a vision for improving District 5; someone who's focused on what's the best for District 5 and someone who's willing to be an unselfish public servant, and it doesn't help that she's a woman. I have the knowledge, understanding, and experience to be a very well-qualified candidate for this position, and I hope that you wholeheartedly consider my candidacy. Thank you.

Chair Sarnoff: Thank you, Ms. Wright. Questions?

Commissioner Suarez: I have a question. Again, the same question that I posed to all the other candidates, is there anything in your background that is not complementary to your candidacy that we should know about in making our decision?

Ms. Wright: No.

Commissioner Suarez: Okay. My second question is actually -- is going to be the same question that I asked Mr. Rutledge. You received the fourth-most votes in the special election and people here have made arguments that if you're not going to select -- reselect, reappoint or if you cannot reappoint the current Commissioner or the suspended Commissioner, then you should go to the second-place person either in the November 3 election or the second place person in the special election on January 12. How do you convince or how do you justify to the Commissioners here who have to make this very difficult decision that we should select someone who came in fourth place in that election versus the person who came in third or second, et cetera?

Ms. Wright: As has already been said, there are going to be plenty of people who are not happy with the decision that's made today. We had 4,000 out of 39,000 people vote. We got plenty of people who didn't vote, but none of them are going to be happy with the results. So at this point, I think it's a level playing field with the people who are there, and I ask that you make the best decision and that -- for District 5.

Commissioner Suarez: Again, a question that I've asked the other candidates, what new, innovative idea do you have to reform District 5?

Ms. Wright: Well, there are a couple. First, we're very compartmentalized with our various neighborhoods, and I believe that we should have things that bring our neighborhoods together. Instead of having a website that focuses -- or a newsletter that focuses on what a Commissioner's doing, maybe we should be focused on what our neighborhoods are doing so that our neighborhoods can see exactly what's going on, the positives as well as the negatives. We need our neighborhoods to start working with each other, not just staying in their general pockets. So I have visions for bringing those -- bringing all of this together. In addition, there's innovative things that we could do that are simple. For example, if we had a website that published available jobs from businesses in District 5, that could help people if they have access to the

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Internet to getting that information. But as well, you know, we need to broadcast the goods and services that we have in District 5 and have District 5 focus on also supporting itself.

Commissioner Suarez: And how would you heal this community that has expressed so much resentment and anger today here?

Ms. Wright: Well, part of it comes with time. I mean, it comes with very active effort, but it comes with time. So part of it is meeting with all of the -- I mean, meeting with everybody. If it takes knocking on every door and having people understand that they've got a Commissioner who is in the seat right now that cares for them. Some of the people will never be happy with the results. Some of the people will never be happy until Commissioner Spence-Jones is restored to her office, but there are other people in the district and they need to be served as well. And it also takes having a Commissioner that's going to be focused on -- not focused on, okay, you didn't vote for me so therefore I'm not going to serve you. The Commissioner who serves in this seat has to serve the entire district.

Commissioner Suarez: Thank you.

Chair Sarnoff: Commissioner Gort?

Commissioner Gort: Some of the people stated here that if they get appointed, they want to be caretaker, that they will not run in November again. What's your position on that?

Ms. Wright: My position is if I do a good job and the district wants to have me, I'll run again.

Commissioner Gort: Okay. The economic development is one of the -- job creation is one of the major issue that we have in the district, according to my understanding. What will you -- any ideas you can give us in the economic development? What plans will you have?

Ms. Wright: Well, I think we need to highlight more the positives that our district has. We've got a lot of businesses in the district, whether they be mom-and-pop or a well variety of businesses. Some of those businesses don't know who to go to to hire. They want to hire people. Some of the businesses want to expand and they're willing to hire people in the district. So what I want to do is pair them up together, because we have a lot of qualified people in the district who need to work. So I think if we can start by pairing them up together, we will actually be able to create jobs within the district. And there are other measures as well, economic incentives. There are, you know, the federal community block grant dollars to helping our businesses grow. There's job training and other mechanisms as well.

Commissioner Gort: Okay.

Chair Sarnoff: Commissioner Carollo? If the number-one cause of death for an African-American male between the age of 17 and 36 is gunfire, what can you do to rectify that?

Ms. Wright: I think the -- well, first, we could tell people to start killing each other, which we do and we need to do -- be more forceful about. Part of it is our families sticking up and saying this is not the way to resolve these matters. But in addition to that, a lot of the gunfire comes about with turf wars and things like that that comes from not having an idea -- there's economic viability in the neighborhood. And if we can transform that -- though it's not instant -- but it happens over time, and it takes focused vision and someone focused on results for doing it, then we can have people who will say I'm going to lay down the guns because I see an economic viability to go work in our neighborhoods -- I mean, to work and earn some money respectively [sic] in our neighborhoods.

Chair Sarnoff: And what is the base industry in District 5?

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Ms. Wright: The base industry in District 5. I was sitting back listening to you and I was actually trying to remember my basic economics so I could remember exactly what a base --

Chair Sarnoff: Economics 101.

Ms. Wright: Huh? Yeah.

Chair Sarnoff: Economics 101.

Ms. Wright: Exactly, and I did that in 1990. The base industry of District 5 most likely is our service industries.

Chair Sarnoff: And what would they be?

Ms. Wright: The service industries that I can think of that district -- the service industries -- I could take a guess, but I'm also going to say I don't know at this time.

Chair Sarnoff: Okay. I'm not sure I know either.

Ms. Wright: Okay.

Chair Sarnoff: I think that's the problem with District 5. I don't think it has a base industry. Thank you very much. I appreciate your time.

Ms. Wright: You're welcome.

Chair Sarnoff: Basil Binn [sic].

Mr. Binns: Good evening, Commissioners.

Chair Sarnoff: You have two minutes.

Mr. Binns: Okay. Well, like I expressed before, I really hadn't planned on coming up here today. I -- but I wanted to let you all know I've been working for the City, working for the district for most of my time back from school, so I'm pretty much ready to take any questions that you all may have.

Chair Sarnoff: Okay. Commissioners?

Commissioner Suarez: Basil, thank you for submitting your candidacy. I also didn't have a chance to interview you before today, and you just mentioned that you just decided now to submit your candidacy for this appointment. My first question to you is, is there anything in your background that is not complementary that we should know in making an informed decision about your candidacy?

Mr. Binns: No, sir.

Commissioner Suarez: My second question is, how did you fare -- I think you ran in the special election. Is that correct?

Mr. Binns: That's incorrect.

Commissioner Suarez: That's not correct?

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Mr. Binns: (UNINTELLIGIBLE), sir.

Commissioner Suarez: Did you run in either of the two?

Mr. Binns: No. Not in the last two, no.

Commissioner Suarez: Okay. Then I'm going to ask you the same question -- I apologize, I'm sorry. I thought you did for some reason -- that I asked Ms. Austin, which is if you -- you know, and we all here -- and many of the people here have expressed how fundamental it is for people to have the right to choose their own representative. How do you justify the Commissioners here selecting you as the appointee versus other people that subjected themselves to the electoral process?

Mr. Binns: Well, to me that's very simple. The person that was elected in the past two elections is no longer allowed to serve in office, so with that, you all have the opportunity and responsibility to make sure that seat is filled either by another special election or by doing an appointment.

Commissioner Suarez: What innovative ideas do you have to reform District 5 and improve the quality of life for District 5?

Mr. Binns: I think part of the issue with District 5 is, as many people have said up here before, a lack of jobs, the lack of industry. And Commissioner Sarnoff, we've had this conversation before about what Miami's industry is -- I know that you've asked some of the candidates -- and it really is tourism. Part of my idea is to -- and it's one that's probably been discussed with some of you all before -- is to look at our Community Development Block Grant money, a lot of which does go to housing, and restructure and reframe how we use those dollars. The City gets somewhere near $8 million a year in CDBG (Community Development Block Grant) funds and a lot of it is split between maybe hundreds of agencies at 5, $10,000 apiece, and that's not the best way, in my opinion, to build an economy in a neighborhood. We've got corridors along 7th Avenue, 54th Street, 62nd Street that need to be built up, that need -- they're vacant lots that could be producing jobs, producing jobs that allow people to make a wage that allows them to afford a home, to have good healthcare, things of that nature.

Commissioner Suarez: And my last question which I posed to all the other candidates was how would you heal this community?

Mr. Binns: Well, I think part of that starts tonight with this appointment. Whoever you all choose to fill this void in the community needs to be a person that's sincere, that will reach out to understand what the needs, what the feeling, what the sentiment is of the community and really listen to bring all the folks together and really address their needs so that they feel like they're involved. What nobody has mentioned is though there are extremely distressed areas of District 5, there are two other neighborhoods that are fairly affluent. Spring Garden and Buena Vista haven't been mentioned at all, and we have to talk about an entire community and an entire district. And right now some of those folks may be feeling left out, even though, at the end of the day, the economic situation in District 5 -- the worst economic situation in District 5 is in the Overtown/Liberty City areas.

Commissioner Suarez: I have no more questions.

Chair Sarnoff: Commissioner Gort?

Commissioner Gort: (UNINTELLIGIBLE) going back to the basics of economic development, and what in specific, you being in finance, would you recommend for the district?

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Mr. Binns: Well, that's -- that was my proposal about using our Community Development Block Grant money and instead of investing in hundreds of little agencies, put the money into maybe annually different businesses that will create a large amount of jobs, something that will create maybe 30 or 40 jobs, 100 jobs in a small area that will help to employ the folks in the community. In addition, we need to promote our tax abatement program that allows tax incentives for folks that create jobs for folks in the community.

Commissioner Gort: You said economic development. What other incentive would you believe that you, as a Commissioner, can propose to the (UNINTELLIGIBLE)?

Mr. Binns: What other incentives?

Commissioner Gort: Right.

Mr. Binns: I don't really understand what you're --

Commissioner Gort: Well, in order to bring private sector into the community, we need to create some kind of incentives.

Mr. Binns: That is my proposal for using those dollars.

Commissioner Gort: Community Development?

Mr. Binns: Yes.

Commissioner Gort: Community Development funds? Okay.

Mr. Binns: Yeah. I mean, they can be used for economic development and community -- and housing.

Commissioner Gort: Okay.

Mr. Binns: So I would propose continuing to use those dollars to bring in larger businesses and provide those financial incentives for them to move into the area.

Commissioner Gort: Thank you.

Chair Sarnoff: Commissioner Carollo?

Vice Chair Carollo: Thank you, Chairman Sarnoff. Mr. Binns --

Mr. Binns: Yes, sir.

Vice Chair Carollo: -- I actually haven't asked too many questions today and I may address --

Mr. Binns: So it's my turn?

Vice Chair Carollo: Actually, no. It's curiosity. Again, I haven't asked too many questions today and, you know, I may address that later why. However, you know, a lot of the candidates either ran in a special election or at least show their interest -- I want to say early on, but some time within this period, provided resumes, contacted the office -- the various offices and so forth. And I saw that it seems like in the last minute is when you made your decision. And I'm just curious, what made you make that decision in the last minute and so forth? And not that I'm saying that it's wrong, you know, and I welcome it, but out of curiosity, I'd like to know the answer.

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Mr. Binns: Well, to be clear, it was a last-minute decision but something that I've considered for a long time. It was a consideration that I made to seek the appointment when at the -- I guess that was about 45 days ago when the Commissioner was removed the first time. To speak to the election, I mean, I have been a candidate for this office. It wasn't in the 2009 election cycle, but I did run in 2005 for the seat, so -- sorry. I don't know if that answered or addressed your issue.

Vice Chair Carollo: No. I mean, I'm fine with your answer. It seems like -- I guess you had it in your gut now and --

Mr. Binns: Well, Commissioner --

Vice Chair Carollo: -- you went for it.

Mr. Binns: -- once again I say what we're looking for and what I hope the people in the district want is some type of continuity. Three months is too long. None of you all would want your Commission seats to go for three months without somebody filling that vacancy. Even those of you all that had special elections or run-offs and things of that nature, 45 days was the maximum amount of time and it's unfair that District 5 so oftentimes gets the short end of the stick. So the transition and the changes is what I'm trying to avoid, trying to keep some continuity in the district.

Vice Chair Carollo: Thank you.

Chair Sarnoff: Mr. Binn [sic], what percentage of your discretionary spending would you put towards economic development versus affordable housing?

Mr. Binns: I'd say a 75/25 economic development to affordable housing. Once again, I say the reality is if you're gainfully employed -- anybody that wants to be gainfully employed and has a job will be able to afford some standard of living. But at the same time, we should be using some dollars to help subsidize housing in District 5 and citywide.

Chair Sarnoff: What is the base industry of District 5?

Mr. Binns: I don't know if there's an industry as we commonly perceive that word. I don't know that we have an industry in District 5, to tell you the truth.

Chair Sarnoff: What is the major employer of District 5?

Mr. Binns: Probably non-for-profits that use government funds or based on government funds.

Chair Sarnoff: Okay. Thank you. All right, David Chiverton.

Mr. Chiverton: Thank you. Gentlemen, I ran in the first election because I saw there was a need for change. My slogan remained restoring the integrity of our community. I ran in the second election because that same need stayed present. I'm a grassroots person. I've worked from the ground up, have accomplished things by working with the community through the community. Even those who may not have agreed with my decisions or the positions that I've taken, I don't think there's anyone that can tell you that I have not respected them nor have I shied away from working with them. I'm comfortable in making harsh decisions once I believe it's in the best interest of the people and my community. It was (UNINTELLIGIBLE) during the debate. There was a question that was asked, if they weren't running, who would they pick? And I think about four or five of them said it would be me. That gave me some good hope that there are things that I do right or my platform definitely presented something that helped them to be comfortable in how we move our district forward. And for that I tell you I offered myself as a candidate. I'm

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prepared to take your questions and look for you to render a decision.

Chair Sarnoff: Thank you, Mr. Chiverton. I'm going to let Commissioner Suarez start.

Commissioner Suarez: Thank you, Chairman. My first question is, is there anything in your background that is not complementary that we should know about you before making our decision on your candidacy?

Mr. Chiverton: No, there is not.

Commissioner Suarez: Okay. My second question is, assuming that we bought into the notion that we should appoint the second-highest vote getter and, in essence, in this case there are two second-highest vote getters -- there's a second-highest vote getter according to some of the arguments that were made here in the November 3 election and there was a second-highest vote getter in the January 12 election. Why should you, as a second-place vote getter in the November 3 election, be selected over the second-place vote getter in the January 12 election?

Mr. Chiverton: Well, let me say that since I was the first second-place vote getter, then I should be the first person considered to be the replacement. I mean -- and I ran in the -- but you know, in all fairness, you know, there was no consolation prize for being second --

Commissioner Suarez: Right.

Mr. Chiverton: -- but I think I definitely stood up when it was less convenient and took a position to bring about a change, offering myself as an alternative to what we currently had.

Commissioner Suarez: Well, I'm going to change the question a little bit.

Mr. Chiverton: Okay.

Commissioner Suarez: Now, as the second-place vote getter in the first election and I believe you were the fifth-place vote getter in the second election --

Mr. Chiverton: Yes.

Commissioner Suarez: -- should the Commission infer from that that you have somehow lost some of the support that you had before, lost some confidence? How do you reconcile that?

Mr. Chiverton: Well, in mathematics, the more people you have, the ratio is going to be different. So I think if it was the three of us again, certainly the percentage would have been greater on my side, but because of the democratic process and the opportunity for others to become involved, the numbers changed because of just those who got involved and the others who've been participating in the community. It's just the way the numbers rolled based on the number of candidates that entered the race.

Commissioner Suarez: My other question to you is how would you juggle your private sector responsibilities with your public sector duties? We have -- Go ahead.

Mr. Chiverton: Fortunately, I'm the founder and remain the president and CEO (Chief Executive Officer) of the Foundation of Community Assistance and Leadership, which is a learning center. And my board has assured me that they don't have a problem with me moving forward in this endeavor. And at Miami-Dade Weed and Seed as a Department of Justice initiative, my board of directors have already answered me to that and there is no problem. In both of those position I sit at the head of the table, and more so, I've cultivated very effective assistant directors that are capable of moving the agency forward as my time would be needed

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here to really bring our community together.

Commissioner Suarez: How would you heal the community?

Mr. Chiverton: Well, there's a cross-section of things I believe need to happen. Looking over in the Lemon City/Little Haiti area, there needs to be an understanding of the history from Lemon City and what the Little Haiti community has certainly contributed and developed at this time. Using that and the Liberty City, there seems to be an east-west situation going on that there needs to be more programs. I chaired an annual event called the Reclaim the Dream, and through that process we were able to bring several ministries and communities and cultures together to participate in a commemoration of Dr. Martin Luther King. And that also helped heal and gave a cross-section -- and in the Overtown community, which I've lived for some time, I think there just need to -- a renewed sense of leadership that's involved and understands the community from the grassroots.

Chair Sarnoff: All right. Commissioner Carollo? Commissioner Gort?

Commissioner Gort: The question's been asked.

Chair Sarnoff: Just real quickly, what percentage of your dollars would you put towards affordable housing versus economic development?

Mr. Chiverton: I would like to put somewhere between 75, 80 percent to economic development, 20 percent to affordable housing. And the reason I would do that is because the opportunities for the private sector to invest in the economic development component of those vacant areas are areas that are allowed to -- for economic development and construction. And then in housing, I think developers and builders are willing to invest their dollars into the community -- I mean, the foreclosure rate and all of those things would definitely support the challenges that we currently have in housing opportunities and being able to rehab or rebuild through the private sectors. There's no loss for an investor because the market eventually will climb back up. It'll benefit the City and that business investor.

Chair Sarnoff: And what would you describe the base industry to be in District 5?

Mr. Chiverton: I think the base industry in District 5 is probably just the mom-and-pop businesses and the social service businesses. The largest employers in our area is the grocery store, Winn-Dixie on the 54th Street and the Publix who employs people. They're located on the outskirts, but they do employ a lot of people from within the district.

Chair Sarnoff: Do you agree with this statement that you have got to bring a base industry in so that the other mom-and-pop facilities can feed off the base industry?

Mr. Chiverton: Yes, I do. It's the mall concept. You get an anchor and that anchor is able to leverage the interest of the people because of its name, a Wal-mart, whatever, and through that then -- in every mall, they have the anchors and then hundreds of small stores that survive based on just the traffic that flows to the specialty that they offer.

Chair Sarnoff: Do you consider a convention center to be a foundation industry?

Mr. Chiverton: Yes. I think it's an opportunity in which the city would be able to promote itself. That convention center can possibly have a hotel or structure that can better serve the community, leverage all of the dollars, keeping it within the City of Miami, the tax base for it, the number of people that would be employed through that process, and then it would also help the community to heal and create jobs -- continual jobs, create even from the bellmen to management. It definitely would support it.

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Chair Sarnoff: Thank you very much, Mr. Chiverton.

Mr. Chiverton: Thank you.

Chair Sarnoff: All right. Robert Malone. Mr. Malone, you have two minutes.

Mr. Malone: Okay. Just want to introduce myself formally. My name is Robert Malone, Jr. Give you some information about my background. I graduated from Miami Edison Senior High School, went off to -- was admitted to the University of Florida where I received my AA (Associate of Arts) degree, transferred to Florida State, where I received a BS (Bachelor of Science) and a Master's degree in Criminology/Criminal Justice, and I have a PhD (Doctor of Philosophy) from Florida A & M University in Education and Leadership. I've been a member of this community all my life, Overtown, Liberty City. And one thing that I am very proud of is my passion to serve this community. Thank you.

Chair Sarnoff: Thank you. Commissioners?

Commissioner Suarez: Yes. Mr. Malone, how are you?

Mr. Malone: Fine, sir.

Commissioner Suarez: This is the first opportunity that we have to meet. I didn't -- you didn't request --

Mr. Malone: Yeah. I didn't get an interview. I don't understand what happened. You didn't call me.

Commissioner Suarez: Well, I guess we have a different version of the way things went down then.

Mr. Malone: I guess we do.

Commissioner Suarez: My question to you is actually an interesting question that was -- that Mr. Chiverton posed and he said it was posed in one of the debates. Assuming that the Commission did not appoint you -- and I'm not saying that they won't. I'm just saying let's assume for a second, hypothetically, that the Commission did not appoint you --

Mr. Malone: Okay.

Commissioner Suarez: -- who would you appoint? Who'd you feel would be the best representative of the district?

Mr. Malone: I'm huge on education. I think that this particular appointment is for someone who actually understands, critically analyze, who actually reads. I like Neree because of his Harvard background. I like Basil because I've talked to him a couple of times. I'm impressed with Ms. Wright with what she brings to the table. I know David and I know exactly -- he has the background, and of course, I know my good brother, Reverend Dunn, and I think that we're all qualified. I have no one particular person that -- oh, I'm sorry, Mr. Rutledge also. And also he has the education back -- I would be -- it would be difficult for me to really say which one -- of course, I would choose myself because I think I really have what it takes. I have the passion, I have the strength, and I have the foresight and the vision for this community.

Commissioner Suarez: I don't doubt that. Is there anything in your background that is not of a complementary nature that we should know in making our decision?

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Mr. Malone: That was sealed. No. It's sealed. Let's not talk about that. That was in my private life.

Commissioner Suarez: I won't go any further. I'm kind of at a loss here.

Chair Sarnoff: Do you have to drive quickly past schools?

Mr. Malone: Sir.

Commissioner Suarez: How would you heal this community?

Mr. Malone: Give it proper leadership. I think it's an opportunity right now to provide this community with proper leadership. I said in a debate that our leader for Commissioner of District 5 should not wear stilettos and gators. They should wear soles, rubber soles. They should be walking this community, engaging in this community, and talking to the individuals in the community. Let them know that they have a leader in this community. We do not see our elected officials in this -- in District 5. We do not. It's absent. And I just think that we have to be more present. We have to show them that we are in their best interest, that we care about what happens to them. If you're running for School Board, you have to be out there. If you're running for state representative, you have to be there; State Senate, Congress, all the way down, you have to be out there letting everyone know that you are -- you represent them, that you want -- you're looking out for the best for the individuals in District 5. And also, we have to cultivate this togetherness. We -- everyone on this Commission has to work together, but we have to work together as men and women, okay. We have to work together that you respect what I have to say and I respect what you have to say and we move forward.

Chair Sarnoff: Okay. Commissioner Carollo?

Commissioner Suarez: I think I'm satisfied.

Chair Sarnoff: Commissioner Gort?

Commissioner Gort: One of the questions been asked is the need to create jobs within the district. Do you have any idea or proposal in mind?

Mr. Malone: Well, number one is that -- and no one mentioned this -- we have a community in District 5 -- communities in District 5 where the drop-out rate is horrendous. We were identified in the State of Florida as a drop-out factory. And in those -- in that drop -- in that research study, they identified four or five schools that's in the district, Miami Edison, Miami Northwestern, Miami Jackson, Miami Central, and I can go on and on and on. Okay, we have to look at a situation where we have individuals within the communities that are either undereducated or uneducated. Undereducated means they know a little something; uneducated, they know nothing. So we have to provide an incentive for a learning environment. That will provide businesses an incentive to come here. If the businesses know that the education level is poor, that does not provide them an incentive to do business here. That's number one. Number two is that we have to get the budget right. We cannot have a situation where the budget is being investigated by the Security [sic] Exchange Commission. That needs to change in order for we - - for us to move forward. So those kind of things need to be taken care of before we even start thinking about creating jobs. We have a service industry that did not lift individuals out of poverty. We have -- 52 percent of the families in District 5 live under the poverty level. We have to change that. The money does not rollover in our communities probably not one time. It goes out, okay. So we have to -- I will say that I will work with you all, the Commission, and let's make that happen because we cannot continue to have individuals who'd rather carry AKs than carry a book.

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Chair Sarnoff: All right. So you've met with Superintendent Carvalho. You've convinced him that there's going to be resource dollars put into your various schools, but it's going to take about four to five years to start changing the results. What are you going to do for District 5 economically in the next four years?

Mr. Malone: Well, we want to prepare them. We want to train them. We want to create situations where we put dollars in training and also something immediately. We can put -- I was talking to one of my volunteers. We could put a call center, a couple call centers in the district. That doesn't cost any money. We can gut out some of these vacant places and put phones and we train individuals there, and that's 200 jobs right there. We can provide healthcare industries to come here. Hospitals probably make up 2 percent of the healthcare industry, but make up 40,000 -- 40 percent of the jobs in those hospitals. We can do that. And then when we get really good, we can look at what's happening with the car industries in the south, in Georgia, in Mississippi, in Alabama. When we really get to a point where we could sustain individuals and individuals have been lifted up education wise, we can bring car manufacturing here when we get ourselves together. See, we have the -- we don't have to reinvent the wheel, that's what I'm suggesting.

Chair Sarnoff: Okay. Thank you.

Mr. Malone: Thank you. Chair Sarnoff: All right. Gentlemen -- go ahead.

Commissioner Gort: Mr. Chairman --

Chair Sarnoff: Go ahead.

Commissioner Gort: -- if you give me the privilege, it being the first meeting. First of all, I want to thank all of you. I think we have some very good candidates. You've done some very good presentations. I think you should be proud of that. But I have some questions of the Administration. It seems to be the perception that the funds that were allocated to District 5 have been moved out of District 5. That's what I've heard from a lot of the communities in their proposal.

Mr. Hernandez: Mr. Chairman, Commissioners, I don't believe to be -- that to be the case. If you go back over the last few years, obviously, the amount of projects and the monies that have been invested in District 5 equal or surpass the other districts.

Commissioner Gort: I just want to make sure we put that on the record. So you can assure that no funds have been -- that was destination to go to the District 5 has not been removed from District 5.

Mr. Hernandez: That's correct, sir.

Commissioner Gort: Okay. Number two is according to the agenda, the District 5 -- you have your crime prevention, you have your economic development and your capital improvement. Those programs were established and they continue -- the Administration -- although we do need a leadership in there, the Administration have been carrying on those programs?

Mr. Hernandez: Yes, we have, Commissioner. We have continued to move forward the projects that have been in the plan, whether it's capital improvements or in Community Development. The projects continue to move forward as previously approved by the Commission.

Commissioner Gort: Okay. Thank you.

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Chair Sarnoff: Commissioner Suarez. All right. We'll have a recess. Just before we do that, Commissioner Carollo, do you want to -- you wish to say anything?

Vice Chair Carollo: Yeah. Somewhat quick. As you all know, although unpopular, I have stated that I will have prefer a special election. However, I will abide by the will of this Commission, and the consensus was to appoint. With that said, I need to pull the plug and say that the reason and the consensus given to appoint instead of a special election was because of the cost, a hundred and some thousand. With that said, I just want, in the near future, when the Administration comes before us, when other individuals come before us requesting different funds or additional funding that's not within our budget to also keep it in mind so I won't be the bad one and start saying, hey, listen, we don't have the money. We don't have the money; it's not in our budget. So, again, I just want to use it as a plug so when that starts happening -- I'm sure it's going to happen very soon -- we also remember that at least today, it seemed like the consensus for having an appointment instead of a special election was the cost, whether we pay for it or whether the State pay for it. Additionally, I want to thank all my colleagues, and I thank you because in the last special meeting that we had, I raised the issue as far as resumes. I raised the issue as far as getting to know the candidates, and this time around, there were resumes, there were candidate interviews. As a matter of fact, I felt that I didn't need to ask the tough questions. There is two reasons for that. One, there were a lot of resumes, there were appointments, there were interviews. And as a matter of fact, all the candidates that I'm seeing, very well qualified. Some more than others, but it seems like they all bring something to the table. And instead of being surprises, I was glad that there was that timeframe where they showed the interest, wanted to speak with us, come down here and answer the questions, provide their resumes and so forth. The second reason that I didn't feel that I had to ask tough questions and so forth and that's why I didn't was because I don't think -- at least for me -- it's necessarily because of the candidates because, like I said, I feel they're all qualified. My issue is more of fairness because, again, as I stated from the very beginning, although unpopular, I really feel that District 5 should appoint or should name who their representative should be. With that said, I'm ready to move on and, as the will of this Commission, let's start appointing.

Chair Sarnoff: Well, let me just say one or two words. First and foremost, I don't think the overriding concern for me is the cost of the election. The overriding concern for me is that we'll be here again. This is nothing more than a gerbil wheel. The Governor has indicated and will, once again, if he needs to, remove the Commissioner if there's a special election, should the former Commissioner win. And I think we all have a role to play, and we're all playing our role. And Judge -- let me get her name right -- right, Veronica Platzer has her role to play and she will determine what the constitutional rights are of the former Commissioner. But it's been long enough for District 5. I mean, you heard many statements made today that they felt like they were losing money or money was being moved, and that's not a true statement at all. It's not a true fact of what's happening. But because they don't have touch with a Commissioner and they don't see somebody up here, they're just -- they're nervous. I think they're concerned and I think they want to know that, you know, they're being represented and that there's an agenda being pushed for them. Whether that person sits here for five days, fifty days, five months, wins the November election, loses the November election, the point is that they have a representative here. And I think we all play our role, and we're going to have to play that role tonight and we're going to debate and we're not going to have that much time to debate, gentlemen, because I had a dream last night that it was four minutes to midnight and I said we're four minutes away from this being taken away from us, and I hope we don't go -- get that close to it. With that said, why don't we take a five-minute recess and we'll come back and we could start the vote.

[Later…]

Chair Sarnoff: All right. I think it's pretty much time we have to make our decision. For whatever it's worth, I think every Commissioner is sitting up here sort of -- and I don't have a

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better expression, but a colloquial one -- kind of blown away at the qualifications of all the candidates. I mean, it truly is impressive. It's impressive what District 5 presents. It's impressive what everybody brings. Everybody may bring something a little bit different but, you know, I just feel like whatever decision I make is going to be a good decision because I think there are so many qualified people here today. Gentlemen.

Commissioner Gort: I'd just like to add that the group that we have here today, whatever decision's made tonight, if you all stay together, we can accomplish a lot, and you have a commitment from this Commissioner and all of this Commissions [sic] here, because whatever happens in one district affects the whole city. So we want to make sure that all our districts are improved. And our commitment -- I'm sure my colleagues will go along with me -- is to work with whoever the person is to make sure that the plans that was set out for District 5, they do get accomplished.

Commissioner Suarez: Chairman, I have a couple questions --

Chair Sarnoff: Sure.

Commissioner Suarez: -- in terms of the procedure. I guess the first question was the person that we -- if we decide to appoint someone -- I guess we're going forward with the appointment process, so it seems to me to be pretty clear that someone will be hopefully appointed. Does that person have to be sworn in before midnight? Is that your understanding, Madam City Attorney?

Ms. Bru: I have just recently dealt with this issue in depth, and it is my opinion that the swearing in is a ceremony. The person that you appoint, if you should be successful in doing that tonight, would have already taken the oath that is necessary pursuant to state law. They took the oath when they qualified with the City Clerk. So all that would have to be done to make this person now hold the office would be to just adopt a resolution appointing the individual who is successful in obtaining the three votes.

Commissioner Suarez: My second --

Ms. Bru: If the person wants to get sworn in as a ceremony for purposes of memorializing the occasion, we could do that today.

Commissioner Suarez: -- question is, we mentioned a scenario under which potentially two candidates received two votes and then we eliminated the rest of the slate and then we went forward. What if there was a scenario under which because there are so many candidates, one candidate receives two votes and another candidate receives one vote and another candidate receives one vote. In other words, would there -- would at that point the person who receives the majority of the votes be selected or you would keep --

Chair Sarnoff: Keep going.

Commissioner Suarez: -- then you would eliminate the other people and then --? Okay.

Commissioner Gort: You need three.

Commissioner Suarez: You know, and my third kind of comment is -- it kind of dovetails off what everyone has said here today. I mean, I am incredibly impressed with the people that I interviewed, that I had the time to spend time with to ask very, very difficult questions. I appreciate the fact that they answered them to the best of their ability, that they were candid in their responses, that they came here and faced the firing squad yet again and were candid again in their responses and, you know, we grilled them on the questions. And I think, you know, they didn't anticipate a lot of them and I commend them for coming up with -- the answers that they

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came up with, I mean, were incredible. So I think if there's a positive to be taken out of this situation is that the future of District 5 is in very, very good hands. It's in all of your hands. So I'm very, very encouraged by that. You know, the other thing I wanted to say is we've had several meetings here. It seems like we've had like two meetings a week since I got here. Well, I was told it was only supposed to be two meetings a month. But you know, one of the things that I can say that I'm very proud of is the collegial atmosphere that we've had here on this body. We - - and Commissioner Gort, this is your first meeting, so you've been baptized by fire like I had. My first meeting was a special appointment meeting as well. You know, and one of the reasons why I feel we have had so much unanimity in terms of our decision-making is because we've been able to discuss, you know, our reservations, our issues, speak freely out in the Sunshine about, you know, how we feel about certain issues and certain, you know, agenda items. And I think all of the members of the Commission here very much respect, you know, the opinion of the other members of the Commission and in some cases defer, and in other cases, you know, don't defer. But I don't know what procedure you have before you want to go directly to voting, you know, on the ballot. I don't know if you want the Commissioners to kind of express their thoughts on the candidates and then go from there or --? You know, I'm just throwing it out there since in agenda items, we have -- we bring it back for a discussion. We discuss it, which I think allows us, since we can't speak outside of the Sunshine, to get a thought -- you know, understand the thought process and the thinking behind our decision-making and then go forward. I'm just throwing that out there as a possible --

Chair Sarnoff: I think Commissioner Carollo wants to (UNINTELLIGIBLE).

Vice Chair Carollo: Yeah, Mr. Chairman. Thank you. I mean, in all fairness, we could start discussing each candidate and so forth. I mean, I think it will actually go to benefit what I want because the time is ticking and if we start talking too much, if we don't get to voting, the truth of the matter is that it's going to go over and --

Applause.

Commissioner Suarez: Completely up to you guys.

Vice Chair Carollo: And mind you -- and this is the true spirit of the will of the Commission because, in all fairness, I mean, I will love for you to keep talking and then for me to talk and so forth and it goes over that time period and then, you know, I get what I think is the correct thing. But knowing me already for, you know, a few meetings, you know, and believing that I do think what's fair and I said that I would, you know, go with the will of this Commission, I think that, with all due respect, you know, we should start voting. If not, we're not going to have time.

Chair Sarnoff: Let's do this. Let's --

Applause.

Chair Sarnoff: -- call the question. I suspect we'll be at this more than the one time, but maybe we'll get lucky. Let's call the question. What I'm going to do -- ask you now is to take your vote, turn it upside down. The Clerk will pick up our papers and she'll read them into the record. I know the Mayor is nervous. He's thinking this is taking way too long.

Ms. Latimore: Commissioner Willy Gort cast one vote for Richard P. Dunn, II. Chair Marc Sarnoff cast one vote for Pierre E. Rutledge. Vice Chair Frank Carollo, one vote for Richard P. Dunn, II. Commissioner Francis Suarez, one vote for Pierre E. Rutledge.

Chair Sarnoff: Well, that cleared the field.

Ms. Latimore: Commissioner, I need one minute to --

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Commissioner Suarez: You want to talk about it now?

Chair Sarnoff: Yeah. We may as well talk. I know what you want to do.

Ms. Latimore: I need a minute to print another ballot.

Chair Sarnoff: Why don't we start the conversation? You want to start it, Commissioner Suarez?

Commissioner Suarez: I would love to. And again, I'm very sensitive to the time involved. We have an hour and a half essentially to get this thing done and -- you know, I am -- I'm intrigued by three possible scenarios. Obviously, I felt, based on my interviews -- and again, this is a very, very difficult process. Based on the interviews that I had, based on the questions that I asked, I felt that the person that combined the best, you know, leadership abilities with, you know, for lack of a better word, a track record that I felt 100 percent comfortable with so that we would not be in this situation again given the history of this district, was the person that I voted for. Now having said that, there's been information that we have brought to light throughout this ceremony that has me intrigued and other possibilities that we can discuss openly, I think, and that may help break this tie. One possibility is -- one of the candidates that I really liked and who was not part of this process -- I can't find my paper here. I guess they took my paper. -- Ms. Austin seemed to me like someone -- if we were to go outside of the process completely, outside of the voting process, outside of the people that subjected themselves to the voting process, she was someone that I found to be very intriguing candidate and a very intriguing prospective leader for District 5. Another interesting development, I think, was when I asked Reverend Dunn if he would be willing to act as a caretaker for the seat and, in essence, pledge not to run again in the November 2 election and allow for all of these young, new District 5 leaders -- and nothing against the reverend because the reverend has had a long service, a long career in public service, which I think is important and exemplary -- allow new leadership to emerge from that district through the democratic process that the district can be proud of and can select on their own. So it would in essence create a scenario under which whatever we're doing here today is temporary. You know, it's either temporary because a judge rules on February 12 or 22 -- I'm not sure what day it is -- that --

Commissioner Gort: Twelfth.

Commissioner Suarez: -- the Governor didn't have the right to suspend the Commissioner. It's temporary if the Commissioner is acquitted of her charges, and it's temporary because it allows all of the prospective candidates the opportunity to campaign, you know, for a substantial period of time. And as you saw today -- I mean, today was, in essence, a campaign. They each got up there. They each answered very difficult questions. And I think Mr. Range, who's not here right now -- I don't -- at least I don't see him -- you know, urged the community to really pay attention, because I think that you have a lot of talent here in this community and people who care and people who are qualified and people who will do well for this community. So, I mean, I'm throwing out those different possibilities as a way of maybe breaking the stalemate, and I would welcome any comment from the other -- my colleagues in terms of what their thoughts may be on that.

Chair Sarnoff: Commissioner.

Vice Chair Carollo: Mr. Chairman, thank you. I have a question. If we appoint someone and Ms. Spence-Jones is not acquitted and then they have to go to the general election, is that the election in November, as everyone's saying, or is that the election in September or August? I believe it's the primary, no?

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Commissioner Gort: November.

Ms. Bru: Commissioner, the Charter says it would be the even year state of Florida general election at which election national, state, and county offices are filled. And I think the Clerk has indicated that would be November 2.

Vice Chair Carollo: Okay. I just wanted to verify 'cause I wasn't sure if it was the next large election, which would, you know, be in September or August, or if it would be the general election. Thank you for that clarification. I'll mention, even though I think all the candidates, as I mentioned before, are qualified -- and like I said, some more than others -- I feel that at least in this case, second place does mean something, and I'll tell you why. In the Olympics when the first place is disqualified, that second place becomes number one. And the Olympics is not just American; it's international. And so again, trying to do what's fair, it seems like the second top vote getter was Mr. Dunn, and that's why I put down his name, so that was my reason for it. And again, I'm trying to do the fair thing, which, as I mentioned before, what I truly feel would be the most fairest would be to go to a special election. But with that said, that was my reasoning for nominating Mr. Dunn.

Chair Sarnoff: Commissioner Gort.

Commissioner Gort: The reason I nominated the -- Reverend Dunn is something very similar to my experience. I was elected on Tuesday. On Wednesday I was able to make a few phone calls and some of the commitment that I made to my community we're beginning to work on it. I got together with the Mayor and some of the Administration and some of the promises that I made were being carried on. And the reason I was able to do it because of the experience that I have and the relationship that I have. I believe that right now District 5 needs someone that can come in and has been here before, knows a little bit about the Administration, has got a relationship with the other entities and the other governmental agencies, which is very important. And that's the reason why I put Richard Dunn as a nomination.

Applause.

Chair Sarnoff: You know, sometimes I sit up here and it feels a little bit lonely. I don't come from a legacy of elected officials. I'm not a Suarez. I'm not a Carollo. I'm not a Regalado. I'm not even a Gort. And sometimes I think I have the least experience being up here, and sometimes I think that's good 'cause I've always tried to look outside the box. When I first sat on this dais in 2006-2007, I saw the economic crisis happening right then and there and nobody wanted to listen to me. And I think Commissioner -- then Commissioner Regalado was complaining that we're spending too much money and this is all going to come to an end and then nobody listened to us. And you know, I think even -- I'm probably the only guy up here that voted for change, and by that, I mean Barack Obama, but I think even he got a little bit sidetracked because you know what it is? It's the economy, stupid, as they say. It is about the economy and it is only about a man and a job. Reverend, idle minds usually are the devil's workshop, and District 5 has had idle minds for 25 to 35 years and that's horrible. And all I am looking for is not an affordable house; I'm looking for somebody who is going to teach a man to sweat, to labor and do something so that he doesn't have an idle mind, so that he doesn't have idle hands and the devil's workshop will not have its place and stay. I was looking and am looking for somebody who understands economy, that understands what a base industry is, that is going to put their shoulder together with mine and push for a major player to come in. Lyric Theater will never be successful, the 3rd Avenue shopping mall will never be successful until you get intensity and density of visitors, people coming in shopping, because your community doesn't have the economic viability simply to shop in your own community. You can't have a 45 percent unemployment rate for the better part of 15 years. When the economy was doing -- when the unemployment rate was 3.5 percent, the unemployment rate in Overtown for a male between 17 and 36 years old was 70 percent. You know what it is today? Same, 70 percent. And I'm

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looking for somebody who's going to put -- it's not about mom-and-pop. I know that's a horrible thing to say because it's like saying I don't kiss babies. Mom-and-pop can survive as a subsidiary collateral industry to a major player. I happen to think that major player is a meeting place. I think what we do best in Miami and in this region is tourism, and I think we're absolutely blessed with hospitality. And I think your district could be the king of hospitality. Now that doesn't mean you stay there. In ten years, you may have the most doctors. In 30 years, you may have the most lawyers, or whatever you like to say. But, you know, Dr. King and Dr. Farra -- (UNINTELLIGIBLE) Farrakhan -- I guess it was Farrakhan, didn't exactly agree on one thing. You know, Dr. King thought the first thing you did was first you became a plumber and then you moved up and you bootstrapped up. And you know, Farrakhan looked at it a little differently and said, no, everybody starts out a lawyer. And I don't think that proves out very well. And right now in that community, you really need the very base industry. You simply need to get people moving, people doing jobs, people in the hospitality industry, from the hospitality industry to the mechanics industry, to the mechanics industry to the plumbing industry, to the plumbing industry -- you know, then your children become lawyers, doctors, NBAs (National Basketball Association). You know, there's a new article in Newsweek. It's called “The new normal.” And the very front page of the cover is a man looking -- actually, I might have it in the back of my office, if somebody would be so good to get it. It actually shows the picture of a man looking at a credit card under glass in what appears to be the Smithsonian. And it's what is the new normal. We're not going to consume at the same rate. We're not going to spend at the same rate, and this is the most rigorous economy that we will probably experience in 20 or 30 years. So I was looking for somebody who would have an education component and who would -- I've been walking around saying the new normal for the past six months. What is the new normal in Miami? And gosh, there's Newsweek, the new normal. And we have to face some very, very hard choices, and we have to face some very, very harsh realities. And I just think we need to put our shoulders together and create a base industry in District 5. We need to employ a lot of people. Yes, some of them will push brooms. Yes, some of them will clean rooms. Yes, some of them will manage those rooms. Yes, some of them will be the CPA (Certified Public Accountant) to make sure that it is profitable. You know, we all have to find a solution for District 5. One woman got up and said if you don't fix the cancer in the right arm, it'll consume the entire body. You're absolutely right. And let me tell you on a very selfish basis. If we don't fix what's wrong with District 5, it could consume the entire city.

Commissioner Gort: Yes.

Chair Sarnoff: If we don't fix what's wrong with District 5, none of us will ever feel safe, secure, or will ever feel like we're part of any kind of coalition. So I was looking for somebody younger, newer, more vibrant who would really tackle a base industry. And I heard from Mr. Rutledge something that I wanted to hear, which is, you know, folks, I know it's controversial for me to say this, but I think in Overtown or very much on the edge of Overtown there needs to be a huge project, a huge employer. And guess what? Then the Lyric Theater and the 3rd Avenue Mall will work. It'll work because like-minded people, whether it's the African-American fraternities who would love to come to the convention center -- yes, I did say the word convention center and I do realize that's a horrible thing to say, but we can have our own convention center in Overtown -- no reason we can't -- our own meeting place. Or unlike-minded [sic] people, which is folks that are coming in that are not like the African-American community, would go to Jackson Soul Food to explore and see what it's like. And that's what I'm looking to do with District 5. I'm looking for a partner who will look completely outside of the box, look at creating a base industry there and putting everybody to work. No, I don't want to hear a lot about affordable housing. You want to know why? Because the first thing my mother taught me was you go to work and then you afford things. When I got on this dais, it was all about affordable housing. Nobody wanted to talk about -- we had a 3.5 percent unemployment rate. I had three heads on my shoulders when the other Commissioners looked at me and said bad is coming. There's going to be plenty of affordable housing. And I realize it's not maybe the affordable housing you think it is, but we went from condominiums costing $600,000 to $150,000. So that's

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why I chose Pierre Rutledge. And by the way, I just want to say one thing. And I must be like-minded with Commissioner Suarez because Alison Austin -- if I knew there was going to be a vote for her, I would have considered it too 'cause I thought her answers were forthright, straight, and I liked the way she attacked the questions. So I -- this is a very tough decision, and I don't know if anything I've said affects any Commissioners here, but that's really how I feel, and it's been frustrating on this dais -- not since you guys got here -- but it certainly was frustrating -- and not sitting next to then Commissioner Regalado, but the other three it was difficult because I just don't think they saw the economic downturn coming. So, gentlemen, where do we go from here? Vote?

Vice Chair Carollo: Let's do it again.

Chair Sarnoff: Want to try it again?

Vice Chair Carollo: Let's do it again. Mr. Chairman.

Chair Sarnoff: Yes, sir. You're recognized.

Vice Chair Carollo: What'll be funny is if you change your vote and I change my vote.

Chair Sarnoff: I'll show you yours if you show me mine.

Ms. Latimore: Commissioner Francis Suarez, Pierre Rutledge. Vice Chair Frank Carollo, Richard P. Dunn. Chair Marc Sarnoff, Pierre Rutledge. Commissioner Wifredo Gort, Richard P. Dunn.

Chair Sarnoff: Got any deadlock words in you?

Commissioner Suarez: You want to keep doing it?

Chair Sarnoff: No. We're going to --

Commissioner Suarez: The Mayor just wants to keep doing it.

Chair Sarnoff: -- do it again, of course.

Commissioner Suarez: The Mayor just wants to keep doing it. Again, I proffered some other ideas; none of them were considered. I would say that there are -- I mean, we could keep voting and voting and voting and voting and voting, and then we would essentially give Vice Chairman Carollo his wish, which is --

Vice Chair Carollo: With that said, though, Commissioner, I mean, when you wanted to speak more, I gave you some kindly advice --

Commissioner Suarez: Of course. Absolutely, sir.

Vice Chair Carollo: -- and I started it so -- but that doesn't mean that we can't get there one way or another, but --

Commissioner Suarez: And that's not my objective. But you know, again -- I mean, I don't know if we want to discuss these other possibilities because, you know, I think if the reverend, for example, were interested in taking the seat on a caretaker basis, then we have, in essence, essentially a process which can consider all these candidates that are incredible candidates and let the democratic process, which is what so many people here today came to complain about, the fact that they felt that this decision was taken out of the democratic process. You know, that

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would be something that I would be -- I mean, I think -- outside of my preference, my preferred candidate in terms of -- you know, I'm a real estate lawyer. I'm a transactional lawyer. I'm always trying to bring two parties together, and I'm not a litigating attorney. And I try to, you know, give a little bit and take a little bit so that we can come together and break this stalemate. Otherwise, we're just going to keep voting in the same -- you know, if nothing changes, I don't see the vote changing. So I mean, that's one possibility. Again, another possibility, if the rest of the Commission is willing to entertain it is to go with someone who's not part of this process, and I think at least two Commissioners here have expressed interest in someone who is completely outside of this process who made a powerful presentation, who answered our questions in a powerful manner. You know, and of course, if anyone wants to change their vote, I mean, that'll help -- that will also certainly break the stalemate.

Vice Chair Carollo: I'd like to say that I agree. Alison -- I don't know her last name --

Chair Sarnoff: Austin.

Vice Chair Carollo: -- and I'm sorry for that, Ms. Austin -- she made a very powerful statement. She answered the questions very well. As a matter of fact, she said that -- you know, she stood her ground and said that, no, should she get appointed, she'll -- she may run in November. So she stood her ground. And in all fairness, I don't have a problem with that. However, I do have a problem that she did not run in the special election or in the first election, for that matter, which means that -- and I may change in the future, I don't know. But I feel that no one should get a free ride. And I'm not saying that you're getting a free ride. However, I think, realistically, once again, that the residents of District 5 should be given the opportunity to choose who represents them. And I feel uncomfortable appointing someone that didn't even go through a process when they could have in a special election. Nothing against Ms. Austin. I think she was very good. She actually answered very well, and I, too, was impressed with her. With that said, though, I will not be voting for her because of the statement that I just mentioned.

Chair Sarnoff: Commissioner Gort.

Commissioner Gort: (UNINTELLIGIBLE) Commissioner Suarez mentioned the reverend wanted to be a caretaker and he would not run in November, and I believe that'll give an opportunity to a lot of the good people that were here today plenty of time to prepare themself [sic] and to run in the election in November. And I think that'll be fair for the process. We have a lot of good people here. And as the caretaker, they can come in and do the job that needs to be done, and we'll be working with them and we can help them. And the people that are here in the audience and all those people that want to run for that position will give them an opportunity to work with the caretaker and take care of the District 5 and then they'll get an opportunity to nominate -- to elect someone. We had some very sharp presentations here.

Commissioner Suarez: Mr. Chairman, can I just have the reverend maybe reiterate for the record his intention to serve only as a caretaker? In other words, not to run for reelection, regardless of what happens with the suspended Commissioner, regardless of the outcome. In other words, to serve for nine months, eight months, whatever the duration of the term is, and to, in essence, be a mentor to the next generation of leaders that you see here before you that have come. And I think that's what Commissioner Gort was alluding to. He was saying that you could be a mentor and you could begin the process of tutoring these future leaders on how the governance process works here in the City of Miami. We've had a crash course, Vice Chairman Carollo and I, but they would have a unique opportunity to learn under someone with your experience, with your knowledge of the inner workings. You've served on an interim basis before as a Commissioner.

Chair Sarnoff: Sorry. I'm sorry.

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Mr. Dunn: To the Chair, to the Vice Chair, to the Commissioners, as I can see now, we're in a deadlock and it really doesn't serve this community to continue to be in limbo, as I stated honestly and with integrity that I have always had District 5 at heart. While I did run -- and I believe that should be considered -- it does somewhat offend me that names are being proffered now who had an opportunity to run, but for whatever reason, did not. For the good of this community and District 5, if that's the will of this Commission and the will of the people of District 5, then I would adhere to that will to offer myself as a caretaker.

Commissioner Suarez: Let me just clarify. You said if it's the will of the Commission and the will of District 5 --

Mr. Dunn: Well, okay. To answer your question --

Commissioner Suarez: I don't want to --

Mr. Dunn: Let's not split hairs.

Commissioner Suarez: -- have any ambiguity.

Mr. Dunn: Let's not split hairs, okay. If it's the will of this Commission, so be it. I will serve as a caretaker.

Commissioner Suarez: So if you were appointed on an interim basis --

Mr. Dunn: Yes, sir.

Commissioner Suarez: -- you would pledge not to run --

Mr. Dunn: Yes, sir.

Commissioner Suarez: -- in the November election?

Mr. Dunn: Yes, sir, for the good of this --

Commissioner Suarez: Again --

Mr. Dunn: We're in a deadlock. That's the only reason why, and it's for the good, I believe --

Commissioner Suarez: Right.

Mr. Dunn: -- of this community. We need to move forward, and I'm offering myself as --

Commissioner Suarez: And certainly, we can --

Mr. Dunn: -- based on my experience.

Commissioner Suarez: -- continue to vote this way --

Mr. Dunn: Yes.

Commissioner Suarez: -- until --

Mr. Dunn: Absolutely.

Commissioner Suarez: -- you know, for another hour. It's not that much time that we have left.

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Mr. Dunn: I would do so.

Commissioner Suarez: Okay. And you know, I would ask the Chairman -- you know, I feel very passionately about the choice -- my choice. I think the Chairman has expressed a lot of passion in his choice, which happens to be the same choice. But, you know, given this --

Mr. Dunn: I pledged it.

Commissioner Suarez: -- okay -- circumstance, would that be something that would persuade you, Mr. Chairman, so that we could have a unanimous decision here and move forward and have the district move forward?

Chair Sarnoff: Yeah. I could -- I support exactly what you said. I think -- I'm beginning to wonder if there's a microphone or something -- I happen to agree with what you said. And I think if Reverend --

Mr. Dunn: My church is here.

Chair Sarnoff: I understand.

Mr. Dunn: The people are here.

Chair Sarnoff: And --

Mr. Dunn: And you got witnesses. You got the news media.

Chair Sarnoff: I understand. I'm intrigued -- I'm truly intrigued by the folks that came up here. I mean, from -- I'm going to use your last name -- Chiverton, Austin, Neree -- I should go through my list. I mean, there wasn't anyone --

Vice Chair Carollo: Wright.

Chair Sarnoff: -- that did not impress me. Yeah, Wright. I thought she made a great presentation and --

Commissioner Suarez: Don't forget Rutledge.

Chair Sarnoff: Who'd I miss?

Commissioner Gort: Rutledge --

Commissioner Suarez: Rutledge.

Commissioner Gort: -- Pierre.

Chair Sarnoff: Rutledge.

Commissioner Gort: Pierre.

Chair Sarnoff: You know, I think --

Vice Chair Carollo: Vincent [sic] Malone.

Chair Sarnoff: I think if you were to tutor them --

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Mr. Dunn: Yes, I will.

Chair Sarnoff: -- maybe bring one into the office -- that's up to you -- but -- and allow them and afford them the opportunity to run and run the right way and go through a long, rigorous election, I could support the -- your appointment. I mean, I've known you actually longer than anyone else.

Mr. Dunn: Yes, sir.

Chair Sarnoff: So you want to --

Commissioner Suarez: Let's take a vote.

Chair Sarnoff: -- take another vote?

Commissioner Suarez: I think we should.

Chair Sarnoff: Okay.

Vice Chair Carollo: Which one do we vote on?

Chair Sarnoff: The small one.

Vice Chair Carollo: Small one.

Ms. Latimore: Small one.

Vice Chair Carollo: See there, I'm looking out for you.

Commissioner Suarez: Thank you, Vice Chairman.

Chair Sarnoff: He's voting for all of them.

Commissioner Suarez: It ended up being a compromise.

Chair Sarnoff: That's not a bad idea. He did a great job today. I got to tell you, he did a great job.

Ms. Latimore: Commissioner Willy Gort, Richard P. Dunn. Chairman Marc Sarnoff, Richard P. Dunn. Vice Chair Frank Carollo, Richard P. Dunn.

Applause.

Commissioner Gort: Wait a minute. Hold it.

Commissioner Suarez: Wait a second. There's one more left. Hold on. Sit down.

Commissioner Gort: Can you (UNINTELLIGIBLE) attention?

Ms. Latimore: Commissioner Francis Suarez, Richard P. Dunn.

Applause.

Chair Sarnoff: All right. Folks --

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Commissioner Suarez: Let -- can I just say --

Commissioner Gort: Hold it, hold it. Hold it.

Commissioner Suarez: -- something real quick, Chairman? Can I just say --?

Chair Sarnoff: All right, come on.

Commissioner Suarez: Can I just say two quick, quick, quick things? I promise you they will be quick.

Chair Sarnoff: No, no, no. That's fine. I'm not --

Commissioner Suarez: I just want to say two quick things and that's it.

Chair Sarnoff: I want to see Commissioner Dunn get everybody in order.

Vice Chair Carollo: Yeah, if everyone could sit down.

Commissioner Suarez: I just want to say two things to everyone here. I want -- excuse me, guys. Before the congratulations --

Commissioner Gort: Please.

Commissioner Suarez: -- give me one second. I just want to say two things, two quick things, please. Please, please, two quick things. One thing is I want to commend your leadership today in two ways. One, in sacrificing your personal ambition or any kind of potential ambition for the good of your community, and I think that is significant, and you should be proud of your father for that, okay.

Applause.

Commissioner Suarez: Secondly, you know, I'm just -- this is -- you know, I'm just --

Ms. Latimore: Chair --

Commissioner Suarez: -- very, very proud of you making this decision, you know. I think that this is for the betterment of the community. I think, you know, now we can begin the healing process in District 5 and, you know, the candidates who are here today who have proffered their names, I -- as I told you in the interviews, I recommend that you stay active, that you visit the new Commissioner's office on a frequent basis, that you get to understand the issues intimately that affect our city because we're going to need you on November 2. So thank you, reverend, for your leadership, and thank you for your candor. That was the second thing I'll say. Thank you for your candor in answering the question, the very difficult question that I asked that no one else really answered with the same amount of candor that you answered. I want to note that. I want to -- and I think that takes a lot of integrity for you to do that, so thank you.

Commissioner Gort: Mr. Chairman.

Vice Chair Carollo: Mr. Chairman.

Applause.

Ms. Latimore: Chair.

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Chair Sarnoff: Let's just go Carollo and then -- wait, wait.

Vice Chair Carollo: Mr. Chairman.

Chair Sarnoff: Folks --

Commissioner Gort: No, no. We haven't finished.

Ms. Latimore: We need a motion.

Chair Sarnoff: All due -- wait, wait -- respect to this Commission, give it the respect it's due. It sat here all night for you. It listened. Just let -- you know, these Commissioners didn't say a whole lot in comparison to what the public had to say to them. Let them vent for a moment. Let them say what they want. You know, District 5 is not always here, and a lot of good came out of tonight. A man demonstrated that King Solomon had nothing on him. But District 5 learned a lot about itself tonight. You know, I am a trial lawyer, and oftentimes when we have jury selection, we use one juror, prospective juror to get a lot of information out. Well, that juror was District 5, and a lot of information came out tonight. There are two Commissioners here that want to say something. And we're not done with you yet. We got to pass a resolution, and it isn't a small resolution. Then we're going to have you up here for a ceremonial swearing in, and then the Mayor wants to say something.

Ms. Bru: And we're going to do it all before 12.

Ms. Latimore: By midnight.

Chair Sarnoff: Go ahead, Commissioner Carollo, and then I'm going to go to Commissioner Gort.

Vice Chair Carollo: Thank you, Chairman Sarnoff. First of all, I'd like to congratulate you. Commissioner-elect Dunn -- or Commissioner Dunn, congratulations.

Applause.

Vice Chair Carollo: Second of all, all the candidates that came up before us and spoke, sent us your resumes and so forth, please run in that November election. Please run. And last, I'd like to thank and congratulate our Assistant City Clerk for doing a wonderful job.

Applause.

Vice Chair Carollo: Many of you don't know this, but our City Clerk couldn't be here because of personal reasons so, Priscilla, our prayers are with you and your family. So, again, thank you and congratulations. Excellent job. That's it, Mr. Chairman.

Chair Sarnoff: Commissioner Gort.

Commissioner Gort: Mr. Chairman, first of all, being my first meeting, I want to state my congratulations to you. You've done a good job, and you conducted a great meeting.

Chair Sarnoff: Thank you.

Commissioner Gort: And I want to congratulate all of you for being here, but, reverend, you have just inherit a lot of work. You have a lot of responsibility on your shoulders and you have a lot of good people here that are going to be running in November. You need to work with them.

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And all of you that are here today, you need to continue to work with the Commissioner. This is a guy now you can come and complain to. Ms. Austin, please stay active, and now you got someone you can yell at and you can tell him when things don't get done in that District 5. So all of you, let's work together as a team. You have a commitment from this Commission and from the Mayor and all of us here, so we all have to work as a team. Thank you. Thank you, Mr. Chairman.

Chair Sarnoff: All right. Let's hear from the honorable Mayor Tom Regalado.

Mayor Regalado: Thank you, Mr. Chairman. I just wanted to thank you. You ran a great meeting. I want to thank Vice Chairman Frank Carollo. I want to thank Commissioner Francis Suarez. I want to welcome again and thank Commissioner Willy Gort. I think that you guys have shown that we can do the right thing for the City of Miami any time, and I am so proud of you. You know, you understand compromise. You understand the right thing to do. You understand deadlines. You understand that we need to have a unanimous vote to show that the City is united. And you know, you -- tonight, Marc and Francis, you know, you show that you really care about the City, and I'm very proud of you. I am looking forward to working harder decisions that we will have to make. To Richard, Commissioner --

Mr. Dunn: Yes, sir.

Mayor Regalado: -- congratulations.

Mr. Dunn: Thank you.

Mayor Regalado: It is the second time that I welcome you to the City Commission. Actually, the first time, I was the one that nominated Richard P. Dunn for an appointment, and I'm very proud of that memory. And like the Commission said, we will work with you. Everything that was supposed to be done in District 5 was being done. The Administration was directed to kept [sic] the office open, continue the projects, but now with your leadership, we will be able to move forward and you'll be part of the hard decisions, and hopefully, those hard decisions will be 5 to 0. We have come into the era of 5-0 and not 3-2 or 4-1 in the City of Miami Commission. It's working together for the Magic City. Thank you, guys. Thank you, Richard. Thank you very much. Thank you, you all, for being here.

Applause.

Chair Sarnoff: All right. We still have a little more business to conduct. I just want to say to this Commission, we really make this Mayor look good.

Applause.

Chair Sarnoff: And I want to give my accolades to somebody on the dais tonight because I think he did -- as they said, he had the laboring ore during the whole Commission and he equally, at the very last minute, came up with a solution that I think was extremely viable, extremely workable, and my hat's off to Commissioner Suarez. I think the night belongs to him.

Applause.

Chair Sarnoff: All right. Here's what we have to read and this is our resolution. Gentlemen, bear with me. A resolution of the City of Miami appointing Richard Dunn as a member of the City Commission of the City of Miami, Florida, District 5, to fill the vacancy created by the suspension of Michelle Spence-Jones, to serve until such time as the results have been declared and certified for an election to be held on November 2, 2010; subject to displacement by Commissioner Spence-Jones if the suspension is revoked pursuant to Section 112(6) -- excuse

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me, 112.51(6), Florida Statutes 2009 or a court order. Whereas, on November 3, 2009, Commissioner Spence-Jones was reelected to the office of Commission for District 5; and whereas, on November 13, 2009, Governor Charlie Crist issued Executive Order 09-248 suspending Michelle Spence-Jones from office; and whereas, on November 25, 2009, the City Commission adopted resolution number 09-0513, thereby scheduling a special election to be held on January 12, 2010 to fill the vacancy caused by the suspension; and whereas, on January 15, 2009 [sic], the City Clerk certified that the canvass of the vote was completed and transmitted the official results of the January 12, 2009 [sic] special election, thereby certifying that Michelle Spence-Jones received the greatest number of votes in the special election; and whereas, on January 14, 2010, Governor Crist issued Executive Order number 10-05 suspending Michelle Spence-Jones from public office; and again, whereas, pursuant to Executive Order 10-05, Michelle Spence-Jones was suspended effective upon her assuming office and in accordance with the appellate provisions of the charter of the City of Miami, City Charter; and whereas, pursuant to resolution number 09-0513, the candidate who shall receive the greatest number of votes holds office as of noon of the day following the canvass of the vote, thereby making the suspension of Michelle Spence-Jones effective on November 16, 2009; and whereas, under City Charter Section 12, the Commission has ten days to fill the vacancy caused by the suspension; and whereas it is the desire of the City Commission of the City of Miami, Florida, to fill such vacancy by appointment pursuant to City Charter provisions relative to the same. Now, therefore, be it resolved by the City Commission of the City of Miami, Florida, Section 1, Richard Dunn is appointed as a member of the City Commission of the City of Miami, Florida, District 5, to fill the vacancy created by Governor Crist's suspension of Michelle Spence-Jones to serve until such time as the results have been declared and certified for the election to be held on November 2, 2010, subject to displacement by Commissioner Spence-Jones if the suspension is revoked pursuant to Section 112.51(6) of Florida Statutes 2009 or a court order. This resolution shall become effective immediately upon its adoption. Gentlemen, that is the resolution. All in favor, please say “aye.”

The Commission (Collectively): Aye.

Chair Sarnoff: Congratulations, Commissioner Dunn.

Commissioner Suarez: Congratulations.

Applause.

At this time, Richard P. Dunn, II, was sworn in as a member of the City of Miami Commission, District 5, by Ivis Richardson.

Chair Sarnoff: Gentlemen, I need a motion -- I needed to have that by motion.

Commissioner Gort: So move.

Chair Sarnoff: I need a second.

Vice Chair Carollo: Second.

Chair Sarnoff: All in favor?

The Commission (Collectively): Aye.

Chair Sarnoff: Thank you. Meeting is now adjourned.

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