HomeMy WebLinkAbout1995-03-08; City Council; Minutes9 . .-, e e
MINUTES
MEETING OF: CITY COUNCIL (Adjourned Meeting)
DATE OF MEETING: March 8, 1995
TIME OF MEETING: 8:OO am
PLACE OF MEETING: Council Chambers, 1200 Carlsbad Village Drive
CALL TO ORDER: Mayor Lewis called the Meeting to order at 8:03 am.
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
Mayor Lewis announced that the purpose of this meeting was to conclude the discussion on the
personnel issue of Officer Patrick Preston.
Ron Ball, City Attorney, stated that this was a continuation of the meeting of March 1, 1995.
28 CLOSED SESSION:
On motion by Council Member Kulchin, Council unanimously agreed to adjourn to a Closed Session at
8:04 am, 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 9:35 am, with all Council Members present, and Mayor Lewis announced that
after careful review and deliberation, Council concluded that Officer Preston violated charges 1, 2, 4
and 5, and Council did not find enough, in their review, to include charge 3, so Council exempted that
charge. Council’s decision was to impose the following, as stated by the City Attorney:
“The decision of the City Council, then, is to order that Officer Preston be terminated
from employment with the City of Carlsbad effective May 11, 1994, as set forth in the
memorandum from the Chief of Police, Robert Vales, dated April 22, 1994, unless he
agrees and consents to and conducts himself in this employment relationship with the
city for a period of one year from the date of this decision as follows:
He will faithfully observe all state laws, city ordinances, department rules, regulations,
and directives and orders from superiors, including without limitation, but specifically
including that he will not leave his beat without prior authorization, he will not conduct
any unauthorized investigations, and that he will not conduct any surreptitious tape
recordings of anyone without the permission of the appropriate supervisor.
He will agree to and will attend a series of counseling sessions as directed by the Chief
of Police, and shall authorize the counselor to provide appropriate oral and/or written
progress reports to the Chief of Police upon request.
He shall take and satisfactorily complete additional courses in training and eduction as
directed by the Chief of Police. The purpose of these courses are to improve and
clarify his performance as a patrol officer for the City of Carlsbad.”
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"Officer Preston is not entitled to back pay during this period. If Officer Preston
accepts these conditions in writing, he shall be restored to the City payroll as of that
date, and shall return to the work place as directed by the Chief of Police.
That Officer Preston's failure to undertake, pursue or satisfactorily complete the above
conditions, shall be grounds for termination or to reinstate this termination during this
one year period. Officer Preston shall be entitled to the opportunity for a hearing within
ten (10) days after notice of any violation of these conditions, but the issues shall be
limited to only whether or not he has satisfied them, and no other."
ACTION: On motion by Council Member Nygaard, Council unanimously affirmed their action, as
stated by the City Attorney.
The City Attorney further announced that the above-stated findings would be reduced to writing and
filed with the City Clerk, and the City Clerk would serve a copy of those findings on all parties to the
proceedings. (Those findings were documented in City Council Resolution No, 95-57.)
Respectfully submitted,
&iR%
ALETHA L. RAUTENKRANZ
City Clerk
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