HomeMy WebLinkAbout1992-04-14; City Council; Resolution 92-108d
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RESOLUTION NO. 92-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE RECOMMENDATION OF THE PERSONNEL BOARD REGARDING THE TERMINATION OF A CITY EMPLOYEE
WHEREAS, the City Council received the recommendation
the Personnel Board dated March 17, 1992, and the writ,
transcript of the hearing, including all arguments and evide~
presented therein; and
WHEREAS, the City Council received all of said evidence i
arguments and carefully considered the same,
NOW, THEREFORE, BE IT RESOLVED by the City Council of i
City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and correci
2. That the recommendation of the Personnel Board attacl
as Exhibit 'IA1l to this resolution is received, accepted z
adopted by the City Council.
3. That pursuant to Carlsbad Municipal Code sectj
1.16.010 (f) , the employee is hereby given the following notic
The time within which judicial review of this decision rn~
be sought is governed by Code of Civil Procedure, Sect;
1094.6, which has been made applicable in the City of Carlsl
by Carlsbad Municipal Code Chapter 1.16. Any petition or otk
paper seeking judicial review must be filed in the appropria
court not later than the ninetieth day following the date
which this decision becomes final; however, if within ten da
after the decision becomes final a request for the record of t
proceedings accompanied by the reqaired deposit in an amoc
sufficient to cover the estimated cost of preparation of SL
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record, the time within which such petition may be filed
court is extended to not later than the thirtieth day followi
the date on which the record is either personally delivered
mailed to the party, or his attorney of record, if he has 0:
A written request for the preparation of the record of '
proceedings shall be filed with the City Clerk, City
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Califor
92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
City council of the City of Carlsbad, California on the a
day of April , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaa
NOES: None
ABSENT : None fJ/ ,i ! Cy :i r/
UDE LA. LEWIg, Mayor v /Y
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
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RESOLUTION NO. 18
A RESOLUTION OF THE PERSONNEL BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING ACTION ON THE APPEAL OF THE SECOND TERMINA- TION OF W. THOMAS COLEMAN
WHEREAS, the Personnel Board of the City of Carlsf
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California, conducted a hearing on Tuesday, March 17, 1992,
order to hear the appeal of the termination filed by W. Tho
Caleman, Building Maintenance Supervisor.
WHEREAS, Nr. Coleman was present and represented by
attorney, Thomas R. Gill.
WHEREAS, the department of Utilities and Maintenanqe
represented by its attorney Steve A. Filarsky; and
WHEREIAS, the Personnel Board received evidence, k
written and oral, and heard the arguments of counsel; and
WHEREAS, the Personnel Board has carefully reviewed
considered all of the arguments and evidence presented,
conducted deliberations, it now finds as follows:
1. The facts set forth in the Notice of Termination
true and correct.
2. There is insufficient evidence of harassment
appellant by city employees.
NOW, THEREFORE, based on the above findings, the Person
Board recommends to the City Council that:
1. The employee not be retained in the service of '
city.
2. The Notice of Termination be sustained.
3. The appellant*s request for attorney's fees and co
be denied.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of tl
Personnel Board of the City of Carlsbad, California on the 171
day of March, 1992, by the following vote, to wit:
AYES: Deputy Chairperson Kimbrell, Eggleston, Newman
NOES f
ABSENT: Mitkevich
iYk', . Deputy-Chairperson
Secretary t the Personnel Board 1
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