HomeMy WebLinkAbout1991-11-19; City Council; Resolution 91-3771
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RESOLUTION NO. 91-377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING THE RECOMMENDATION OF THE PERSONNEL BOARD REGARDING TERMINATION OF A CITY EMPLOYEE.
WHEREAS, the City Council received the report and
recommendation of the Personnel Board dated November 4, 199
the written transcript of those hearings including all argu
and evidence presented therein; and
WHEREAS, the City Council received all of said ev
and arguments and carefully considered the same,
NOW, THEREFORE, BE IT RESOLVED by the City Counci
the City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and
correct.
2. That the recommendation of the Personnel Boarc
attached as Exhibit A to this resolution is received, accepl
and adopted by the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting
the City Council of the City of Carlsbad on the 19 rh
day of November 1991, by the following vote, 1
wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard & St
NOES: None
ABSENT: None
ATTEST:
QMiL ALETHA L. kT rk
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RESOLUTION NO. 16
k RESOLUTION OF THE PERSONNEL BOARD OF THE CITY OF CARLSBAD, CALIFORNIA REGARDING THE APPEAL OF THE TERMINATION OF W. THOMAS COLEMAN
The Personnel Board convened on July 15, 1991 I
Carlsbad Municipal Water District, 5950 El Camino Real, Car
California to hear the appeal of the termination of W.
Coleman, Building Maintenance Supervisor in the Utilitic
Maintenance Department of the City of Carlsbad, . W.
Coleman (hereinafter gtColemantg) was personally presen
represented by his counsel, Thomas R. Gill, Esq., ar
Department of Utilities and Maintenance (hereinafter "Depart
was personally present through its director, Ralph W. And
and represented by its attorney, Steve A. Filarsky, Esq.
present for the Personnel Board was Ronald R. Ball, Esq
advisor.
The Board received evidence both written and or
heard testimony at that hearing and continued it to r
additional evidence and arguments which hearings were conduc
September 5, 1991 (continued by agreement of the parties and
of the Personnel Board since only three members were pre
September 16, 1991, September 25, 1991, September 30, 19'
October 3, 1991.
All testimony was completed and documents admitte
evidence and at the conclusion of the October 3, 1991 heari
Board exercised its discretion to request the parties to
further written briefs by October 25, 1991. The parties duly
their briefs and they have been carefully considered by this
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The matter was continued for deliberations in the City C
conference room on Monday, November 4, 1991 at 7:OO p.m.
At that meeting Coleman, through his attorney, req
the Board exercise its discretion to admit additional evider
offered his declaration, dated Novemberl, 1991, clarifying c
portions of his testimony which took place at the hearj
October 3, 1991. The Department, through its attorney, objec
that request by letter dated November 4, 1991. The Board car
considered the request of Coleman and the objection b
Department and exercises its discretion to decline to admit fi
evidence. The proffered declaration and objection thereto i
file in the office of the City Attorney.
The Personnel Board further clarifies that the not:
intent to terminate dated April 13, 1991 and the written res
by Coleman to the intent to terminate dated April 26,
transmitted to the Personnel Board by letter dated July 9,
from Ronald R. Ball, Esq. are part of the record of procee
herein.
The Board having met and further considered this m
in its deliberations on Monday, November 4, 1991 and thoro
considered the arguments and evidence presented by the partie
considered the matter submitted finds as follows:
1.
September 5, 1990 and left the work place.
Coleman became ill on the job due to hypertensic
2. Coleman was allowed to use sick leave for
absence until he was denied its continued use based on conflic
medical evidence on March 18, 1991.
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3,
1991 by April 8, 1991.
4.
Coleman Was ordered to return to work on Mar
Coleman failed to report to work on April 8, 15
was subsequently terminated as set out in the notice of termi
dated May 21, 1991, and admitted as joint Exhibit A and wh
the subject matter of this appeal.
5. Although the Board finds that Coleman fai:
report to work as indicated above, that failure was mitiga
Coleman's medical condition and belief that he was not relea
his treating physicians to return to work.
6. The Personnel Board, therefore, finds and reco
to the City Council that the discipline of termination .
severe and that he should be restored to his former positi
its equivalent, by December 2, 1991 under the following ter
conditions:
a. Coleman be allowed to apply for and UE
accumulated sick leave balances in his account as of March 18
to his absence from the work place.
b. That he be placed on leave without pay fol
the date upon which his accumulated sick leave as applied
expires.
c. He is to be allowed to return to Wo
December 2, 1991 at the same level of pay and benefits
enjoyed prior to termination. 1
1 Coleman and the Department are required to take whz steps are necessary to change his status from retired to actj
the PERS system.
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7. Except as stated herein, Coleman's request fo
pay is denied.
8. Coleman's request for attorneys fees is deniei
PASSED, APPROVED AND ADOPTED at a regular meeting
{fa day
, 1991 by the following vote, to wit:
AYES: ChairmanMitkevich, Members Eggleston, Ki
Newman and Weinroth
NOES : None
ABSENT: None
c7d_c(L&AiJ CAMILLE MITKEVICH
Chairman of the Board
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