HomeMy WebLinkAbout1991-11-19; City Council; 11450; Personnel Board Decision Re. W. Thomas ColemanCI’PLOF CARLSBAD - AGENDP-WLL
PERSONNEL BOARD RECOMMENDATION REGARDING TERMINATION OF W. THOMAS COLEMAN
RECOMMENDED ACTION:
It is recommended that the City Council affirm, reverse or modify the recommendation of the Personnel Board in accordance with Carlsbad Municipal Code Section 2.44.027. sy hD&Tro~ OF ~Es~oi-l-~o~ MO. 9/ -337 . ITEM EXPLANATION
The Personnel Board of the City of Carlsbad conducted a series of hearings on July 15, 1991, September 5, 1991, September 16, 1991, September 25, 1991, September 30, 1991, October 3, 1991 and November 4, 1991 in order to hear this matter and to make a recommendation to the City Council as required by the Personnel Chapter of the Carlsbad Municipal Code and by the City's personnel rules. Attached as Exhibit A are the written findings and recommendations of the Personnel Board in this matter. At the employee's request, this matter was conducted as an open hearing and complete copies of the transcripts of proceedings are on file in the Human Resources Department and the City Attorney's office for Council review prior to the hearing. No additional evidence or arguments are necessary.
FISCAL IMPACT
The recommendation of the Personnel Board allows the employee to use accumulated sick leave on the books as of March 18, 1991 and will require the re-commencement of salary and benefits following December 2, 1991 if the employee returns to the work place.
EXHIBITS
Resolution of the Personnel Board
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RESOLUTION NO. 91-377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING THE RECOMMENDATION OF THE PERSONNEL BOARD REGARDING TERMINATION OF A CITY EMPLOYEE.
WHEREAS, the City Council received the report and
recommendation of the Personnel Board dated November 4, 1991 and
the written transcript of those hearings including all arguments
and evidence presented therein; 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. That the recommendation of the Personnel Board
attached as Exhibit A to this resolution is received, accepted
and adopted by the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 19 th
day of November 1991, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard & Stanton
NOES: None
ABSENT: None
~ ATTEST: I
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RESOLUTION NO. 16
A RESOLUTION OF THE PERSONNEL BOARD OF THE CITY OF CARLSBAD, CALIFORNIA REGARDING THE APPEAL OF THE TERMINATION OF W. THOMAS COLEMAN
The' Personnel Board convened on July 15, 1991 at the : I
Carlsbad Municipal Water District, 5950 El Camino Real, Carlsbad, I
California to hear the appeal of the termination of W. Thomas I
Coleman, Building Maintenance Supervisor in the Utilities and
Maintenance Department of the City of Carlsbad, . W. Thomas
Coleman (hereinafter 18Coleman") was personally present and
represented by his counsel, Thomas' R. Gill, Esq. t and the
Department of Utilities and Maintenance (hereinafter "Department")
was personally present through its director, Ralph W. Anderson,
and represented by its attorney, Steve A. Filarsky, Esq. Also
present for the Personnel Board was Ronald R. Ball, Esq., its
advisor.
The Board received evidence both written and oral and
heard testimony at that hearing and continued it to receive
additional evidence and arguments which hearings were conducted on
September 5, 1991 (continued by agreement of the parties and order
of the Personnel Board since only three members were present),
September 16, 1991, September 25, 1991, September 30, 1991 and
October 3, 1991.
All testimony was completed and documents admitted into
evidence and at the conclusion of the October 3, 1991 hearing the
Board exercised its discretion to request the parties to submit
further written briefs by October 25, 1991. The parties duly filed
their briefs and they have been carefully considered by this Board.
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The matter was continued for deliberations in the City Council
conference room on Monday, November 4, 1991 at 7:00 p.m.
At that meeting Coleman, through his attorney, requested
the Board exercise its discretion to admit additional evidence and '
offered his declaration, dated November 1, 1991, clarifying certain
portions of his testimony which took place at the hearing of
October 3, 1991. The Department, through its attorney, objected to
that request by letter dated November 4, 1991. The Board carefully
considered the request of Coleman and the objection by the
Department and exercises its discretion to decline to admit further
evidence. The proffered declaration and objection thereto are on
file in the office of the City Attorney.
The Personnel.Board further clarifies that the notice of
intent to terminate dated April 13, 1991 and the written response
by Coleman to the intent to terminate dated April 26, 1991
transmitted to the Personnel Board by letter dated July 9, 1991
from Ronald R. Ball, Esq. are part of the record of proceedings
herein.
The Board having met and further considered this matter
in its deliberations on Monday, November 4, 1991 and thoroughly
considered the arguments and evidence presented by the parties and
considered the matter submitted finds as follows:
1. Coleman became ill on the job due to hypertension on
September 5,. 1990 and left the work place.
2. Coleman was allowed to use sick leave for this
absence until he was denied its continued use based on Conflicting
medical evidence on March 18, 1991.
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3. Coleman was ordered to return to work on March 28, / I
1991 by April 8, 1991. I
4. Coleman failed to report to work on April 8, I 1991 and / I
was subsequently terminated as set out in the notice of termination i I dated May 21, 1991, and admitted as joint Exhibit A and which is / I
the subject matter of this appeal.
5. Although the Board finds that Coleman failed to
report to work as indicated above, that failure was mitigated by
Coleman's medical condition and belief that he was not released by
his treating physicians to return to work.
6. The Personnel Board, therefore, finds and recommends
to the City Council that the discipline of termination is too
severe and that he should be restored to his former position, or
its equivalent, by December 2, 1991 under the following terms and
conditions:
a. Coleman be allowed to apply for and use his
accumulated sick leave balances in his account as of March 18, 1991
to his absence from the work place.
b. That he be placed on leave without pay following
the date upon which his accumulated sick leave as applied above
expires.
c. He is to be allowed to return to work on
December 2, 1991 at the same level of pay and benefits as he
enjoyed prior to termination.'
* Coleman and the Department are required to take whatever steps are necessary to change his status from retired to active in the PERS system.
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7. Except as stated herein, Coleman's request for back
pay is denied.
8. Coleman's request for attorneys fees is denied.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
the City of Carlsbad on the # tR day of __
1991 by the following vote, to wit:
AYES: ChairmanMitkevich, MembersEggleston, Kimbrel,
Newman and Weinroth
NOES: None
ABSENT: None
, CiL&&hCkJ .
CAMILLE MITKEVICH Chairman of the Board
ATTEST: -
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