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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ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBITS: Resolution No. 2015-257 accepting the Opinion and Recommendation of Hearing Officer Mark Burstein in the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 3 5 6 7 8 9 10 20 21 22 23 24 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 13 appeal of her termination; and 14 WHEREAS, the dates for Ms. Sisco's administrative hearing were: August 20, 21, 2014; 15 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 27 ^ Sisco. 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 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