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HomeMy WebLinkAbout1990-08-21; City Council; 10787; Personnel Board Decision Re. Greg Polson, Cll’- OF CARLSBAD - AGENC- ‘BILL AB## m, 387 TITLE: MTG. 8-21-90 PERSONNEL BOARD DECISION RE. GREG POLSON DEPT. HR I RECOMMENDED ACTION: It is recommended that the City Council affirm the unanimous recommendation of the Personnel Board as set forth in Resolution No. 9 0 - 31’5 . JTEM EXPLANATION: The Personnel Board of the City of Carlsbad conducted hearings on Thursday, June 7, 1990, and Monday, June 18, 1990, in order to hear the appeal of Greg Polson relative to the disciplinary action of suspension from his position as Streets Maintenance Worker II for the period of one work day. The Personnel Board heard and received written and oral evidence and the arguments as presented by both the representatives for Greg Polson and the Utilities and Maintenance Department. The Personnel Board carefully reviewed and considered all of the arguments and evidence presented and conducted deliberations prior to presenting the findings of the board. The Personnel Board finds as true and correct the facts as set forth in the Notice of Suspension dated April 6, 1990, as amended during the proceedings, and that the discipline imposed is fair and reasonable. The board further finds that there has been no evidence presented that the discipline imposed was for discriminatory reasons. The Personnel Board unanimously recommends to the City Co,uncil, that Greg Polson be suspended from employment with the City of Carlsbad for the period of one day. FISCAL IMPACT: There is no fiscal impact resulting from this action. EXHIBITS: 1. Resolution No. 4 0 - 3 13 . 2. Resolution No. 14 of the Personnel Board of the City of Carlsbad. 3. Exhibit A: Notice of Suspension * . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO%)-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING THE RECOMMENDATION OF THE PERSONNEL BOARD SUSPENDING A CITY EMPLOYEE. WHEREAS, the City Council met on Tuesday, August 21, 1990, in order to consider the recommendation of the Personnel Board resulting from its hearings of Thursday, June 7, 1990, and Monday, June 18, 1990; and WHEREAS, the City Council received the report and recommendation of the Personnel Board dated June 18, 1990, and the written transcript of those hearings including all arguments and evidence presented therein; and WHEREAS, the employee, Greg Polson, a Streets Maintenance Worker II in the Utilities and Maintenance Department has requested a closed session before the Personnel Board and that request has not continued as that request was reversed in a written request from Mr. Polson’s representative dated June 26, 1990, asking that this matter be decided in an open proceeding before the City Council; and WHEREAS, the City Council is required to consider this matter pursuant to Municipal Code Section 2.44027; and WHEREAS, the City Council received all of said evidence and arguments and carefully considered the same, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. Greg Polson be suspended from employment with the City of Carlsbad for one day effective April 10, 1990, as set forth in the Notice of Suspension by the 1 2 3 4 5 6 7 8 9 10 11 12 12 14 If l( 17 1t 15 2c 21 2; 2; 24 2: ‘2( 2’; 2E ; b j j 7 3 2 I 1 1 > , 3 L 5 5 1 3 Utilities and Maintenance Director dated April 6, 1990, and attached as Exhibit “A” to this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 2 ls t day of August , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKIWNZ, City Cler@ mw ,- EXHIBIT A April 6, 1990 TO: GREG POLSON STREET MAINTENANCE WORKER I FROM: Utilities 61 Maintenance Director NOTICE O? SOSPtN8ION After carefully considering your verbal responsa provided in your meeting with Frank Mannen, Assistant City Manager and Ann Jensen, Human Resources Dir8ctor, on Thursday April S, 1990, the City has decided that it is apprOpriat8 to procoad with ths action of suspending you from your position al Street Maintenance I for one day effective at the end of your workshift on Tuesday April 10, 1990. This action is being taken for thm following raa8onr: As you recall, on March lS, 1990 you called your rupsrvisor and advised him that you had car problom8, but that you would be at work by noon. Not only did you fail to reporrt to work at noon, as you indicated that you would, but you further failed to report to work at all an this data and made no further effort to contact the Department to inform your supmrvi8or that you would not be at work for the remainder of this day. Your repeated inability to report to work at the assignad hour has become disruptiva to tha work place. Your behavior in arriving late to work continue8 to adversely affect the department by: 1) . hindering the supervf8or in his ability to schedule and plan the . .“rlrr13.. -u-,- J t 2) leaving crews short-staffed until your arrival, and 3) posing ths problem of tran8portinq you to the job site after tne rest of the crew ha8 already reported for duty. This bahavior is unacceptable and will not ba tolerated. You have bmn pmviou8ly counamlmd and raprimandad for similar behavior. Am you will recall, on February 27, 1989, you Vera counseled raqardinq bring late to work. YOU wara again counseled on this same i88ue on Soptambar 26, 1989, concerninq your rapaated inability to report to work on tfma on the following dato8: March 1, July 27, S*ptmb*r 7, and Soptombor 25, 1989. Following them two specific coun8elinq sessions, you were again late on November 22, 1989. During your performance evaluation on February 5, 1990, you were counseled about your excasaive tardinmsm, and tb noed for specific improvmmt in thi8 area is clearly raflactad in your evaluation. . . . . . . G=G POLSON Pa9a 2 April 6, 1990 Following this evaluation, YOU Were again lata to work on February 22, 1990. At that tima YOU W*Ia put on notice that failure to correct this bohavior would result in futthor disciplinary action, up to and including dismissal. you have the right to an appal of this decision. To exercise this right, you must 8ubrit a vrftton request for a Xmaring to the Personnel Board by April 19, 1990. Should you ffla such an appeal within the tim limit alloved, you vi11 l ubmquently ba advised of tha rulmr and procadure8 applicablr to tha conduct of the Administrative Hearing. Should you fail or rafu8o to submit such YOU vi11 bo doomed to have Waring. l al within the tima-limit, right to an Adminirtratiw RWA: LW:moh c: Human Ramource8 DfroCtOr Aa8i8tant Dir@ctot, U&M Stroat Haintonancm Supwintondent -=-a aa 8errv8d upon ma on .( . I.- . . . . ‘I ‘1 I 1' II 2 I( i’ 3 I 4 5 6 7 8 9 10 11 12 8 0) mwg 22-r 5zo"g 13 6 Y ?i 8 ooas 14 6 >'$ aye 15 LA * 2% j-t-mu zWv)V ggi,- 2092 16 rt -4; p-4 17 h 0 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTi-ON NO. 14 A RESOLUTION OF THE PERSONNEL BOAR&F THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING ACTION ON THE APPEAL OF GREG POLSON WHEREAS, the Personnel Board of the City of Carlsbad, California, conducted hearings on Thursday, June 7, 1990, and Monday, June 18, 1990, in order to hear the appeal from the discipline of suspension by the appointing authority of Employee Greg Polson; and, WHEREAS, appellant, Greg Polson, was personally present and represented by his C.C.E.A. representative, Kelly Irving, and the Utilities and Maintenance Department was represented by, Steve A. Filarsky; and, WHEREAS, the Personnel Board heard and received evidence both written and oral and the arguments of Counsel: and, WHEREAS, the Personnel Board has carefully reviewed and considered all of the arguments and evidence presented, conducted deliberations, now finds that Employee Greg Polson was tardy or late for reporting to work or not reporting at all as set forth on the Notice of Suspension dated, April 6, 1990 as amended during these proceedings and attached as Exhibit A and the personnel board further finds that there has been no evidence presented that the discipline imposed was for discriminatory reasons. NOW, THEREFORE, based on the above findings, the personnel board unanimously recommends to the City Council, that Employee Greg Polson be suspended from employment with the City : - - - . - . 1 2 3 4 5 6 7 8 9 10 11 12 2 % aurn y2-r 548g 13 -0 w 8 882e 14 5 2 >A SE’0 15 u. .23 +tm< zyyo gggg 16 SE <g >-4 17 5 0 18 19 20 21 22 23 24 25 26 27 28 I ,’ ‘i of Carlsbad for one day effective at the end of his workshift of Tuesday, April 10, 1990 as ket forth in said .Notice of Suspension dated, April 6, 1990. PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the Personnel Board of the City of Carl&ad, California, on the ti day of 1% 32-t 1990, by the following vote, to wit: AYES:k&&&, ~~cL'Y)L~, t(.&,\,~&mO~~~ -'tr-ci- &&+;cc NOES: ABSENT: m\ bL$ i‘. -4f / Chairman of the Board ATTEST: nel Director 2 EXHIBIT A April 6, 1990 TO: GREG POLSON STREET MAINTENANCE WORKER I FROM: Utilities & Maintenance Director NOTICN OI SUSP8NSION After carefully considering your verbal response provided in your meeting with Frank Mannen, Assistant City Manager and Ann Jensen, Human Resources Director, on Thursday April 5, 1990, the City has decided that it is appropriate to proceed with the action of suspending you from your position as Street Maintenance I for one day effective at the end of your workshift on Tuesday April 10, 1990. This action is being taken for the following reasons: As you recall, on March 15, 1990 you called your supervisor and advised him that you had car problems, but that you would be at work by noon. Not only did you fail to report to work at noon, as you indicated that you would, but you further failed to report to work at all on this date and made no further effort to contact the Department to inform your supervisor that you would not be at work for the remainder of this day. Your repeated inability to report to work at the assigned hour has become disruptive to the work place. Your btiavior in arriving late to work continue8 to adversely affect the department by: I) _ hindering the supervisor in his ability to schedule and plan the l &or!da.* J, 2) leaving crews short-staffed until your arrival, and 3) posing the problem of transporting you to tha job site after tne rest of the crew has already reported for duty. This behavior is unacceptable and will not be tolerated. You have bren previously counseled and reprimended for similar behavior. A8 you will mcall, on Pebrwry 27, 1989, you were counseled regarding being late to work. YOU were again counseled on this same isam on Saptambar 26, 1989, concerning your repeated inability to report to work on time on the following dates: March 1, July 27, September 7, and Saptambor 2S, 1989. Following these two specific counselfng sessfon8, you were again late on November 22, 1989. During your performance evaluation on February 5, 1990, YOU Were counseled about your exces8ive tardiness, and the ne+d for specific improvement in this area is clearly reflected in your evaluation. -A e'kr 2075 Las P@lmu Orivo - Carlsbrd. California WOO@-1 519 l (619) 438-7753 . . . GREG POtSON Page 2 April 6, 1990 Following this evaluation, YOU Were again late to work on February 22, 1990. At that time YOU W@f@ put on notice that failure to correct this behavior would r@SUlt in fuflher disciplinary action, up to and including dismissal. you have the right to an appeal of this decision. To l xercis8 this right, you muat submit a written request for a Hearing to the Personnel Board by April 19, 1990. Should you file such an appeal within the time limit allowed, you vi11 subeequently be advised of the rules and procedures applicable to the conduct of the Administrative Hearing. Should you fail 01: refuse to submit such ma1 within the time limit, you will be deemed to have right to an Acbinistrativo Haarfng. tenure8 Dire8tor . WQBR COMCURRRNCB: RWA:LWW:meh c: Humm Rssourc88 Director Assistant Dirmctor, O&M Streat Meintenance Superintendent -rrl-- . . 8 served upon ma on