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Home My WebLink About1991-03-19; City Council; 11059; PERSONNEL BOARD DECISION RE: CHRISTMAN,*-~ CITYeF CARLSBAD - AGENDeILL .A ,' h i.2 ! ,' AB # I/: 0 5 4 DE TITLE: MTG. 9/19 /.q-l RECOMMENDED ACTION: CI1 DEPT. HR CI' PERSONNEL BOARD DECISION RE. CHRISTMAN It is recommended that the City Council affirm the unanimous recommendation of the Personnel Board as set forth in Resolution No. $ ITEM EXPLANATION: The Personnel Board of the City of Carlsbad conducted a hearing on Thursday, January 10, 1991, in order to hear the appeal of Harry reprimand. The Personnel Board heard and received written and oral evidence and thl arguments as presented by both the representatives for Harry Christman and the Utilities and Maintenance Department. The Personnel Board carefully reviewed and considered all of the arguments and evidence 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 tt- Letter of Reprimand dated June 27, 1990, as amended during the proceedings, and that the discipline imposed is fair and reasonable. The Personnel Board unanimously recommends to the City Council that the Letter of Reprimand be placed in Harry Christman's personnel file, Christman, relative to the disciplinary action of a letter of written " Q There is no fiscal impact resulting from this action. ' a FISCAL IMPACT: w a 2 EXHIBITS: 1. Resolution No. qi - 38 1 2. Resolution No. 15 of the Personnel Board of the City of Carlsbad z 0 0 F a 3. =t 2 3 0 0 Exhibit A: Letter of Written Reprimand le *. 1 2 3 0 a RESOLUTION NO. 91-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE RECOMMENDATION OF THE PERSONNEL WARD 1N I 4 5 6 7 8 in order to consider the recommendation of the Personnel Board resulting from its hearing of Thursday, January 10, 1991 ; and 9 PLACING A LElTER OF REPRIMAND IN THE PERSONNEL FILE OF A CITY EMPLOYEE. WHEREAS, the City Council met on Tuesday, February 19, 19! 10 /I WHEREAS, the City Council received the report and 11 the written transcript of those hearings including all arguments 2 I.2 recommendation of the Personnel Board dated January 10, 1991 , a 13 14 15 WHEREAS, the City Council is required to consider this mat 16 pursuant to Municipal Code Section 2.44.027; and 17 18 19 evidence presented therein; and WHEREAS, the City Council received all of said evidence and arguments and carefully considered the same. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 21 22 City of Carlsbad, California, as follows: 23 1. That the foregoing recitations are true and correct. 24 2. That the Letter of Reprimand, as amended. by the z5 26 Personnel Board, be placed in Harry Christman's personnel file anc attached as Exhibit A to this resolution. 27 /I 28 .. 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 I e e PASSED, APPROVED, AND ADOPTED at a regular meeting of tt- City Council of the City of Carlsbad on the 19th day of March , 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard and NOES: None ABSENT: None &J&A---- LAUD A. L IS, Mayor ATTEST: " LLLctL 2.R" ALETHA L. RAUTENKRANZ, City Clhrk (SEAL) I 11 " LnnLnlL n LO neso June 27, 1990 TO: HARRY CHEUSTMAN STREET MAINTENANCE WORKER I1 LElTF.R OF REPRIMAND FOR MISUSE OF CITY TIME AND INSUBORDINA~ BEHA\ This is a letter of reprimand to be placed in your personnel file for: 1) misusing City t 2) misusing a City vehicle and 3) insubordinate behavior. As you know, your work is from 7:OOAM to 3:30PM Monday through Friday. You are entitled to a half an hou lunch and two 15 minute breaks (one in the moming and one in the afternoon). know that upon arrival at the beginning of your shift, you are to be prepared to start I immediately. You also know that your lunch and coffee breaks are to be taken on the site unless you are in the immediate vicinity of the shop. Your persistent abuse of t: policies has been addressed on numerous occasions, including your previous performi appraisal and especially during your assignment on the Parks and Recreation Break R addition project. On Friday, March 23, 1990, you were observed by your superintendent, Chuck Wal leaving the 7-Eleven on Oak Avenue at 7:30AM. Mr. Walden followed you to City were you dved at 7:WAM. Mr. Walden asked where you had been and you indic you were "having coffee". Since you had been counseled before about misusing City t Mr. Walden verbally reprimanded you and directed that you stop going for cc immediately upon the beginning of your shift. Rather, you were to take your breaks a prescribed time and limit them to 15 minutes. On Monday, March 26, the following work day, you were again observed at the 74% at 7:25AM by Mr. Walden. Since you had just been warned the previous work day, is ciearly insubordinate behavior and such behavior is not acceptable and will no tolerated. You were called in to your supervisors office and told that disciplinary ac would be taken. ca 2075 Las Palmas Drive - Carlsbad. Catifornia 92009-1519 - (61 9) 438- .. e e HARRY CHRISTMAN Page 2 June 27, 1990 On Thursday, April 12,1990, your City vehicle was observed in the driveway of your 1 by Mr. Walden at approximately 12:30PM. You had been assigned a job at the S Complex and you were observed leaving for lunch at 1l:OOAM. When questioned that day by your supervisor, Mr. Coleman, you admitted to “stopping by” your house dl lunch. You had previously been warned about using the City vehicle to go home for 11 or breaks, ad are well aware of the po1;cy proldbiting the use of City vehicles for pen use. Mr. Chrisman, you have been counseled and warned numerous times by both Mr. Cole and Mr. Walden about misusing City time and vehicles. Because you have failed to COI with established policy, this letter of reprimand has become necessary. A copy of this 1 will be place in your personnel file. Continued inappropriate conduct will result in fu disciplinary action, up to and including dismissal. scuss this situation further, please arrange a meeting with MANAGER CONCURIW RWA:CW:meh c: Human Resources Director Assistant Director, U&M Facilities Maintenance Supexintendent Personnel File HARRY- %?& Empioyee’s signature does not constitute an admission of gilllt; information Onlyl fl ,$ 2 :. II e 0 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. /f A RESOLUTION OF THE PERSONNEL BOARD OF THE CITY OF CARLSBAD, CALIFORNIA ANNOUNCING ACTION ON THE APPEAL OF HARRY CHRISTMAN WHEREAS, the Personnel Board of the City of C California, conducted a hearing on Thursday, January 10, order to hear the appeal from the discipline of a 1( reprimand by the appointing authority of employee Harry Ch and WHEREAS, appellant, Harry Christman, was pe present and represented by his CCEA representative, Kelly and the Utilities and Maintenance Department was repres attorney Steve A. Filarsky; and WHEREAS, the Personnel Board heard and received e both written and oral, and the arguments of counsel; and WHEREAS, the Personnel Board has carefully revi considered all of the arguments and evidence presented, c deliberations, now finds as follows: 1. Appellant engaged in insubordinate beha failing to follow the orders of the building mai superintendent as set forth in the written letter of r dated June 27, 1990 and attached hereto as Exhibit A. 2. There is insufficient evidence to supp allegations of misuse of a City vehicle and misuse of City those charges are not sustained. 3. The level of discipline consisting of said 1 June 27, 1990, as modified by this Board, is appropriate. NOW, THEREFORE, based on the above findint Personnel Board recommends to the City Council, that the 1 II 0 a t II ll reprimand of June 27, 1990, as modified herein, be pla 1 I/ retained in appellant's personnel file. 2 3 4 5 6 7 a 9 PASSED, APPROVED AND ADOPTED at a Regular Meetinc Personnel Board of the City of Carlsbad, California, on t day of January 1991, by the following vote, to wit: AYES: Members Kimbrel, Newman, Weinroth and ( Mitkevich. NOES : None ABSENT: Member Sinclitico 10 11 12 13 ATTEST: eU;)LmM.a CAMILLE MITKEVICH Chairman of the Board I.4 oJc".;$k-,- 15 16 17 18 fieAnn Jense Human Resources Director 19 I 20 21 22 I 23 24 25 I 26 27 28 I 2