HomeMy WebLinkAbout1995-03-01; City Council; Minutese 1 0 0
MINUTES
MEETING OF: CITY COUNCIL (Special Meeting)
DATE OF MEETING: March 1, 1995
TIME OF MEETING: 6:OO pm PLACE OF MEETING: Carlsbad Municipal Water District, 5950 El Camino Real
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO pm.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis
Absent: None
28 1. AB #13,047 - PRESTON PERSONNEL MATTER.
Mayor Lewis announced that the purpose of this meeting was the receipt and review of the Personnel
Board’s recommendation in the matter of Officer Patrick Preston, who was terminated from City service
on May 27, 1994.
City Attorney Ron Ball gave a brief history of the matter. He referenced the Officer’s termination, and
the Officer’s appeal to the Personnel Board, and the Board’s recommendation to reduce the discipline
to a 30-day suspension. He stated that the Police Chief and City Manager recommend that Council
reject the Personnel Board’s recommendation and that Council reinstate the original disciplinary action,
which is the termination of Officer Preston.
Mr. Ball stated this was an open hearing as requested by Officer Preston. He stated that the following
documents are part of the official records of this matter:
1. Personnel Board Resolution No. 21,
2. The transcripts of the Personnel Board hearings,
3. Exhibits to the transcripts which were submitted to the City Clerk,
4. Appellant’s brief filed with the City Clerk,
5. Department’s brief filed with the City Clerk,
6. Letter dated January 16, 1995, from City Attorney Ron Ball to Robert W. Krause, Esq. of Castle
& Krause, and to Cynthia O’Neill, Esq. of Whitmore, Johnson & Bolanos regarding the City
Council consideration of the Personnel Board recommendations,
7. Letter dated January 25, 1995, from Robert W. Krause, Esq. to City Attorney Ron Ball regarding
the City Council consideration of the Personnel Board recommendations,
8. Letter dated January 30, 1995, from City Attorney Ron Ball to Robert W. Krause, Esq. of Castle
& Krause regarding the Patrick Preston Matter, and
9. Memorandum dated February 23, 1995, from City Attorney Ron Ball to the Mayor and City
Council regarding the Preston Personnel matter.
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Page 2 City Council Meeting March 1, 1995
Mayor Lewis announced that Council had received a letter dated February 23, 1995, from Jeff
Chapman, President of the Carlsbad Police Officer’s Association, and that letter would be entered into
the record.
Richard S. Whitmore, Esq. Whitmore, Johnson i?. Bolanos, 2570 W. El Camino Real, Suite 600,
Mountain View, CA, attorney for the Department, addressed Council. In response to Council query, he
explained that his presence at this meeting was at the Department’s request, and because Cynthia
O’Neill (who had handled the matter to this point) had a schedule conflict.
Mr. Whitmore stated this is a process that requires the Council to make the decision. It is not an
appeal. The Personnel Board has only made a series of recommendations. He also urged Council to
limit themselves to the Record before them and not ask questions of any witnesses to preclude this
from becoming another evidentiary hearing.
Mr. Whitmore proceeded stating the evidence shows that Officer Preston admitted misconduct in the
first four charges, and because he admitted the misconduct, those charges should be sustained. He
also stated that the fifth charge is not in dispute, and that charge is significant enough by itself to
warrant termination. He also suggested that Council should take into consideration the Police Chief‘s
recommendation of termination.
Robert W. Krause, Esq., Law Offices of Castle 81 Krause, Suite 140, 41877 Enterprise Circle North,
Temecula, Ca, attorney for Patrick Preston, addressed Council. He urged that Council not let the
Department put a scare tactic in them. He stated they should read the circumstances of the situations
and think about who they would want responding to a call, and he stated he believed they would want
someone like Officer Preston.
Mr. Krause stated his belief in the appellate system, and he explained that all parties, including the
Personnel Board, had spent a great deal of time going over all of the issues. He urged Council to
maintain the integrity of the system and uphold the decision of the Personnel Board.
Mayor Lewis stated he had a question for Mr. Preston. Mr. Krause stated they had no objections to
questions being posed to Mr. Preston.
Mayor Lewis referenced the situation with the dog. He inquired how he found out about the dog, and
inquired if any senior officers told him the approach to follow.
Patrick Preston responded saying he didn’t recall, but he thought it was the best approach.
Mayor Lewis extended the invitation to speak on the item to all of those individuals present. No one
came forward to speak.
2. CLOSED SESSION.
Council adjourned to a Closed Session at 6:38 pm, pursuant to Government Code Section 54957, to
discuss Patrick Preston’s appeal of the Police Chief‘s Order of Termination and the Personnel Board’s
recommendation concerning the matter.
Council reconvened at 754 pm, with all Members present, and Mayor Lewis announced that the matter
would be continued to 8:OO am on Wednesday, March 8, 1995, in the Council Chambers, for further
deliberation and action.
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Page 3 City Council Meeting March 1, 1995
ADJOURNMENT:
The meeting was adjourned at 755 pm to Wednesday, March 8, 1995, at 8:OO am in the Council
Chambers at 1200 Carlsbad Village Drive.
Respectfully submitted,
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ALETHA L. RAUTENKFANZ
City Clerk
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