HomeMy WebLinkAbout2015-10-06; City Council; 22109; Administrative Hearing Arbitration City and Taryn CiscoCITY OF CARLSBAD - AGENDA BILL
OPINION AND RECOMMENDATION FROM
ADMINISTRATIVE HEARING IN THE MATTER OF
THE ARBITRATION BETWEEN CITYOF CARLSBAD
AND TARYN SISCO
DEPT. HEAD
CITY ATTY.
CITY MGR. ih.
RECOMMENDED ACTON:
City Council to adopt Resolution No. 2015-257 accepting the Opinion and Recommendation of
Hearing Officer Mark Burstein in the Administrative Hearing titled: In the Matter of the Arbitration
between City of Carlsbad and Taryn Sisco.
ITEM EXPLANATION:
Former police officer Taryn Sisco, is appealing her termination from the City. Pursuant to the
Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police Officers'
Association, and Administrative Order No. 70, the hearing officer makes recommendations, which
recommendations will ultimately be reviewed by the City Council, and the City Council will make the
final determination as to Ms. Sisco's appeal of her termination.
The dates for Ms. Sisco's administrative hearing were: August 20, 21, 2014; September 9, 10, 2014;
November 10,11, 2014; and December 5, 2014.
The City is represented by Ms. Laura Kalty and Ms. Sisco is represented by Mr. Michael Williamson; the
Hearing Officer is Mr. Mark Burstein. Notice ofthis meeting has been served on Ms. Kalty, Ms. Taryn
Sisco by and through her attorney of record, Mr. Williamson; as well as the Hearing Officer, Mr. Mark
Burstein.
Companion item: Council closed session, pursuant to California Government Code Section 54956.9(a).
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
DEPARTMENT CONTACT: Paul Edmonson (760) 434-2891 paul.edmonson(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE
UNKNOWN
•
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
EXHIBITS:
Resolution No. 2015-257 accepting the Opinion and Recommendation of Hearing Officer
Mark Burstein in the Administrative Hearing titled: In the Matter of the Arbitration between City
of Carlsbad and Taryn Sisco
1 RESOLUTION NO. ^0^5-257
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE OPINION AND RECOMMENDATION
OF HEARING OFFICER MARK BURSTEIN IN THE ADMINISTRATIVE
4 HEARING TITLED: IN THE MATTER OF THE ARBITRATION BETWEEN
CITY OF CARLSBAD AND TARYN SISCO
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WHEREAS, former police officer Taryn Sisco, is appealing her termination from the City;
and
WHEREAS, pursuant to the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Police Officers' Association, and Administrative Order No. 70, the
11 hearing officer makes recommendations, which recommendations will ultimately be reviewed
12 by the City Council, and the City Council will make the final determination as to Ms. Sisco's
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appeal of her termination; and
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WHEREAS, the dates for Ms. Sisco's administrative hearing were: August 20, 21, 2014;
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September 9,10, 2014; November 10,11, 2014; and December 5, 2014;
16 "
WHEREAS, the City is represented by Ms. Laura Kalty and Ms. Sisco is represented by
18 Mr. Michael Williamson; the Hearing Officer is Mr. Mark Burstein. Notice of this meeting has
1^ been served on Ms. Kalty, Ms. Taryn Sisco by and through her attorney of record, Mr.
Williamson; as well as the Hearing Officer, Mr. Mark Burstein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
25 2. That Laura J. Kalty of Liebert Cassidy Whitmore appeared for City of Carlsbad, and
2^ Michael Williamson of Stone Busailah, did /(Wd notJ(circle one) appear[ed] for Taryn
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Sisco.
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3. That the Council has read and considered the Opinion and Recommendation of
Hearing Officer Mark Burstein in this matter, has had the opportunity to review the
entire record in this matter to their satisfaction, and to consider the comments and
arguments of counsel, if any.
4. That the City Council of the City of Carlsbad accepts, adopts and agrees with the
Opinion and Recommendation of Hearing Officer Mark Burstein, dated August 13,
2015, in its entirety.
5. That a copy of this Resolution be attached to the Opinion and Recommendation of
Hearing Officer Mark Burstein and made a part of record in this matter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of
Carlsbad on the __6th_ day of October , 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
MATT H^LL, Mayor
ATTEST:
BARBARA EN(J1JE60J)I. Clerk
(SEAL) /^^9.C^^
CONFIDENTIAL COMMUNICATION ™ DO NOT COPY — RETURN TO ATTORNEY
In the Matter of the Arbitration
Between
CITY OF CARLSBAD
and
TARYN SISCO
Opinion and Recommendation
of Hearing Officer
MARK BURSTEIN
Hearing Officer
Mark Burstein
Appearances
For the City of Carlsbad Laura J. Kalty
Liebert Cassidy Whitmore
6033 W. Century Boulevard
Fifth Floor
Los Angeles, CA 90045
For Taryn Sisco Michael D. Williamson
Stone Busailah LLP
200 E. Del Mar Boulevard
Suite 350
Pasadena, CA 91105
Confidential documents have been redacted and are on file in the office ofthe
City Attorney.
Tuesday, October 6, 2015 at 4:19:13 PM Pacific Daylight Time
Subject: RE: In the matter of the Arbitration between City of Carlsbad and Taryn Sisco
Date: Tuesday October 6, 2015 at 2:07:55 PM Pacific Daylight Time
From: Michael Williamson
To: Paul Edmonson
Hello Paul
FYI neither my or I will be physically present as once again I am ill. 1 any event we do object to adoption of the order
On the other hand if it is postponed I may be able to appear then
IVlike
Sent from my Verizon Wireless 4G LTE DROID
On Oct 5, 2015 12:54 PM, Paul Edmonson <Paul.Edmonson@CarlsbadCA.gov> wrote:
Counsel:
For purposes of oral presentations, the Council will be allocating 5-10 minutes per side.
Best regards,
Paul G. Edmonson
Sr. Assistant City Attorney
Office of City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
T: 760.434.2891
F; 760.434.8367
CARLSBAD
Office of the City Attomey
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(s) and may contain
information protected by the attorney-client privilege, the attorney worl< product doctrine or other applicable privileges or confidentiality laws or
regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information
contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this
message and any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Paul Edmonson
Sent: Wednesday September 30, 2015 3:48 PM
To: Michael Williamson; Laura Kalty
Cc: Julie Clark; Taryn Sisco
Page 1 of 3
Subject: RE: In the matter ofthe Arbitration between City of Carlsbad and Taryn Sisco
Counsel:
I have confirmation that Ms. Sisco's the matter will be heard by the City Council on Tuesday October 6 at 5:00
p.m. in the City Council Chambers located at 1200 Carlsbad Village Dr, Carlsbad, CA.
Should you have any questions, please do not hesitate to contact me.
Best regards,
Paul G. Edmonson
Sr. Assistant City Attorney
Office of City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
T: 760.434.2891
F: 760.434.8367
^ CARLSBAD
Office of the City Attorney
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(s) and may contain
information protected by the attorney-client privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or
regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information
contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this
message and any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Michael Williamson [mailto:M.Williamson(S>police-defense.com1
Sent; Tuesday September 22, 2015 7:55 AM
To: Paul Edmonson; Laura Kalty
Cc: Julie Clark; Taryn Sisco
Subject: RE: In the matter of the Arbitration between City of Carlsbad and Taryn Sisco
Importance: High
I will be there and I want the hearing open please.
Mike
From: Paul Edmonson [Paul.Edmonson@CarlsbadCA.gov]
Sent: Monday September 21, 2015 2:24 PM
To: Laura Kalty; Michael Williamson
Cc: Julie Clark
Subject: In the matter of the Arbitration between City of Carlsbad and Taryn Sisco
Page 2 of 3
Counsel,
On October 6, 2015 at 5:30 p.m. or as soon as possible thereafter, the Carlsbad City Council will hear: In the
matter ofthe Arbitration between City of Carlsbad and Taryn Sisco. This hearing is for the purpose of
accepting/modifying/rejecting the recommendation of Hearing Officer Mark Burstein. It is possible that the
start time may be as early at 5:00 p.m. or as late as 6:00 p.m. depending on the agenda and whether the
hearing will be public or confidential. The hearing will be held in the City Council Chambers located at 1200
Carlsbad Village Drive, Carlsbad. I will confirm the exact time with you later
Mike, please let me know whether you wish for this hearing to be public or confidential. If you could let me
know by Wednesday, September 30*^ I would appreciate it.
Should you have any questions, please do not hesitate to contact me.
Best regards,
Paul G. Edmonson
Paul G. Edmonson
Sr Assistant City Attorney
Office of City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
T; 760.434.2891
F: 760,434.8367
•44^^m CARLSBAD
' ^ Office of the City Attorney
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(5) and may contain
information protected by the attorney-client privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or
regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information
contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this
message and any attachments. Unintended transmission shall not constitute waiver of the attorney client or any other privilege.
Page 3 of 3