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HomeMy WebLinkAbout1992-04-14; City Council; 11645; Personnel Board Decision Re. W. Thomas ColemanCIVOF CARLSBAD - AGEND&BILL a% . PERSONNEL BOARD RECOMMENDATION ;""ARDRD; zEEC)TEmINAT=l&& RECOMMENDED ACTION: It is recommended that the City Council affirm the recommendation of the Personnel Board in accordance with Carlsbad Municipal Code section 2.44.027, by adoption of Resolution No. %$-/OS. ITEM EXPLANATION The Personnel Board of the City of Carlsbad conducted a hearing on March 17, 1992, in order to hear this matter and to make a recommendation to the City Council as required by Chapter 2.44 of the Carlsbad Municipal Code and the City's personnel rules, Attached as Exhibit 'IA" 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. FISCAL IMPACT None. I EXHIBITS 1. Resolution .wO* 2. Exhibit "A@' -t . 1 2 3 4 5 G 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE RECOMMENDATION OF THE PERSONNEL BOARD REGARDING THE TERMINATION OF A CITY EMPLOYEE WHEREAS, the City Council received the recommendation of the Personnel Board dated March 17, 1992, and the written transcript of the hearing, 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. 3. That pursuant to Carlsbad Municipal Code section 1.16.010(f), the employee is hereby given the following notice: The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such 1 . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2c 21 2: 2: 24 22 26 27 2e record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California on the 14th day of April , 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: f&&&J@- ALETHA L. RAUTkNKlXANZ, City Clerk 1 2 RESOLUTION NO. 18 A RESOLUTION OF THE PERSONNEL BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING ACTION ON THE APPEAL OF THE SECOND TERMINA- TION OF W. THOMAS COLEMAN WHEREAS, the Personnel BoarU of the City of Carl&ad, California, conducted a hearing cn Tuesday, March 17, 1992, in order to hear the appeal of the termination filed by W. Thomas Coleman, Building Maintenance Supervisor. WHEREAS, Mr. Coleman was present and represented by his attorney, Thomas R. Gill. WHEREAS, the department of Utilities and Maintenance was represented by its attorney Steve A. Filarsky; and WHEREAS, the Personnel Board received evidence, both written and oral, and heard the arguments of counsel; and WHEREAS, the Personnel Board has carefully reviewed and considered all of the arguments and evidence presented, and conducted deliberations, it now finds as follows: 1. The facts set forth in the Notice of Termination are true and correct. 2. There is insufficient evidence of harassment of appellant by city employees. NOW, THEREFORE, based on the above findings, the Personnel Board recommends to the City Council that: 1. The employee not be retained in the service of the city. 2. The Notice of Termination be sustained. 3. The appellant's request for attorney's fees and costs be denied. m 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Personnel Board of the City of Carlsbad, California on the 17th day of March, 1992, by the following vote, to wit: AYES: Deputy Chairperson Kimbrell, Eggleston, Newman NOES: ABSENT: Mitkevich /l&l eputy ,Chairperson Secretary the Personnel Board .