HomeMy WebLinkAbout2015-08-18; City Council; Resolution 2015-2091 RESOLUTION NO. 2015-209
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING/DENYING RESPONDENT'S MOTION TO
STAY ADMINISTRATIVE HEARING PENDING EMERGENCY WRIT TO
4 THE SUPERIOR COURT TO CORRECT PROCEDURAL ERROR IN THE
MATTER OF STEVEN SEAPKER, APPELLANT V. CITY OF CARLSBAD,
5 RESPONDENT [CASE NO. C.S.M.CS. ARB 13-0476]
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J WHEREAS, Appellant, former police officer Steven Seapker, is appealing his termination
8 from the City; and
^ WHEREAS, pursuant to the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Police Officers' Association, and Administrative Order No. 70, the
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hearing officer makes recommendations, which recommendations will ultimately be reviewed
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by the City Council, and the City Council will make the final determination as to Mr. Seapker's
14 appeal of his termination; and
15 WHEREAS, an issue has arisen in the evidentiary hearing; and
16 WHEREAS, Respondent, City of Carlsbad, is requesting the City Council to issue an Order
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to Stay the Administrative Hearing Pending an Emergency Writ [to the Superior Court] to
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Correct Procedural Error; and
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WHEREAS, Appellant, Steven Seapker, is requesting that the City Council deny the
21 requested stay and allow the administrative hearing to proceed; and
22 WHEREAS, Respondent's Motion to Stay the Administrative Hearing has been served on
Appellant and his attorney of record, Michael Williamson; as well as the Hearing Officer, Mr. Ed
Sholtz.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
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1. That the above recitations are true and correct.
2. That Laura J. Kalty of Liebert Cassidy Whitmore appeared for Respondent, City of
Carlsbad, and Michael Williamson of Stone Busailah, did / did not (circle one)
appear[ed] for Appellant, Steven Seapker.
3. That the Council has read and considered Respondent's Motion to Stay the
Administrative Hearing Pending Emergency Writ to Correct Procedural Error and
Appellant's opposition, if any, and has considered the comments and arguments of
counsel.
4. That Respondent's Motion to Stay the Administrative Hearing Pending Emergency
Writ to Correct Procedural Error \^RANTED^ DENIED (circle one).
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of
(AjA c,Aj^-<^i^^ , 2015, by the Carlsbad on the / 7 day of (-ixA-p.
following vote, to wit:
AYES: ^" O Hall, Packard, Schumacher, Wood, Packard
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
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BARBARAENGLESON, - ^
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