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@'
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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
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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
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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.
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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 .