The Times

Saturday, May 22, 1976, page 1 (of 28)

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Judge upholds Gables trial board's dismissal of city personnel director

The Times Guide "Serving The City Beautiful Since 1926" 4627 Ponce de Leon Boulevard Coral Gables, Florida 33146 Florida's Best Suburban Newspaper Phone 665-7981 Weekend Edition May 22/23, 1976 28 Pages Vol. 50 No. 42 10 Cents

Small's attorney plans to appeal

By ERICA MEYER Staff Writer Dwight Small's dismissal as Coral Gables' personnel manager last spring was upheld by Circuit Court Judge Herbert Stettin in a decision issued Thursday, May 20. The judge ruled that Small received "a full and fair" hearing and that there was "a recital of facts... sufficiently clear to sustain a dismissal." Small was discharged from the position of personnel manager almost a year ago after a conversation with City Manager J. Martin Gainer in which Small reported alleged sexual misconduct by another city employe and then discussed his own activities with his girlfriend. Judge Stettin noted "there can be little doubt the conduct of Mr. Small was improper under the circumstances and should not have occurred. But... the test on review... is not whether the reviewing court would have reached the same results. It is whether the reviewing court could have reached the same results." The initial court Stettin reviewed was the Coral Gables Trial Board which upheld Gainer's firing of Small. Small's attorney, Richard Burton, said he was "disappointed" in Stettin's ruling. "This is far from over," Burton said. "We have grounds for appeal and there are possible other remedies." The attorney refused to discuss the "other remedies" but said an appeal could be based on his belief "that the judge did not sufficiently analyze the case in his written opinion. "It indicates that he did not understand that the Coral Gables charter does not comply with later decisions of the U.S. Supreme Court in reference to administrative See JUDGE, Page 14

W. Miami closing station

By EDWIN KNIGHT Staff Writer After months of pleading with Metro for a more equitable split of auto inspection revenues, the City of West Miami council Wednesday night voted unanimously to close down its inspection station as of June 16. The council action came on the recommendation of Mayor Edmund Cooper after Cooper, who also serves as the city's administrator, learned that Metro, in its latest proposal to the cities, would not allow use of police at inspection stations to be an allowable expense. "The proposal from County Manager Ray Goode is unacceptable, unwarranted and a one-sided argument," said Cooper. "It is all in favor of the county and West Miami can no longer afford to operate an auto inspection station." West Miami, which threatened to close its inspection See W. MIAMI, Page 10

She's flown the coop

Photo by ELIZABETH OWEN She's flown the coop Barbara Maxey, a Coral Gables housewife, has escaped the drudgery of household chores by learning to fly. See story, Page 2.

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