HomeMy WebLinkAbout2009 11-24 CC ADJ MINBook 91 / Page 252
11-24-2009
MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF
NATIONAL CITY, CALIFORNIA
November 24, 2009
The Adjourned Regular Meeting of the City Council of the City of National City
was called to order at 5:15 p.m. by Mayor Ron Morrison.
ROLL CALL
Councilmembers present: Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Administrative Officials present: Dalla, Deese, Douchette, Foley (special
counsel), Rodriguez, Silva, Stevenson, Zapata.
Others present: Student Representatives Michael Mendoza and Christina Dickey.
REVIEW OF CIVIL SERVICE COMMISSION DECISION ON APPEAL OF
DISCIPLINE
1. Public Employee Discipline / Dismissal / Release
Appeal to City Council of September 23, 2009 Decision of the Civil
Service Commission.
Following roll call Mayor Morrison opened the proceedings with the
following prepared remarks:
Mayor Morrison: We will now commence with Agenda Item No. 1, which is
a review of the September 23, 2009 decision of the City of National City Civil
Service Commission in upholding an order of termination of a National City
employee by the employee's appointing authority, following the appeal of the
employee. The name of the appellant will be kept confidential from the
public.
The record will reflect that this review is being held on November 24, 2009 in
the Council Chambers and that it commenced at 5:15 p.m.
The record will further reflect that this review is being conducted by the City
of National City Council, and that all members are present.
The record will further reflect that Morgan Foley, as special counsel to the
Civil Service Commission and to the City Council is also present.
Book 91 / Page 253
11-24-2009
REVIEW OF CIVIL SERVICE COMMISSION DECISION ON APPEAL OF
DISCIPLINE (cont.)
1. Public Employee Discipline / Dismissal / Release (continued).
Each Council Member has been provided with a set of transcripts from the
Civil Service proceedings, a copy of the Civil Service Commission
decision, and briefs prepared by the appellant's counsel and the
appointing authority's counsel.
Before the City Council and its special counsel adjourn to closed session,
the appellant, the appointing authority, and members of the public will be
allowed to address this matter under review. Please understand that any
statements made will not be considered additional facts in this matter — the
City Council will only review the evidence presented at the hearing of the
Civil Service Commission. However, we will allow representatives of both
the appellant and the appointing authority five minutes to make any
statements or arguments they would like the City Council to consider; all
other members of the public will be allowed three minutes. For the record, I
remind all parties involved in this matter that the name of the appellant shall
not be used during the open session portion of this hearing nor shall any oral
statements be made that would readily identify the appellant.
Before we receive statements and arguments, are there any preliminary
matters, which the parties desire to present for consideration?
Seeing none, we will begin oral arguments with the appointing authority's
representative, Ms. Jodi Doucette followed by the appellant's
representative, Mr. Bradley Fields. Each representative will be allowed
five minutes.
ORAL ARGUMENTS — APPOINTING AUTHORITY REPRESENTATIVE
Jodi Douchette urged the Council to uphold the decisions of the appointing
authority and Civil Service Commission.
ORAL ARGUMENTS — APPELLANT'S REPRESENTATIVE
Bradly Fields urged the Council to sustain the appeal of the employee and
to overturn or modify the decision of the Civil Service Commission.
PUBLIC TESTIMONY
Bill Phillips, representing the National City Police Officers Association,
urged the City Council to be fair, look at the facts and determine if the
punishment is appropriate for the acts that occurred.
Book 91 / Page 254
11-24-2009
CLOSED SESSION
ACTION: Motion by Morrison, seconded by Zarate, to go into Closed
Session. Carried by unanimous vote.
The City Council retired into Closed Session at 5:36 p.m.
The City Council returned to the Chamber at 7:17 p.m.
All members were present.
Mayor Morrison announced that the City Council reached a decision and voted in
Closed Session and that the decision would be released in written form no later
than Monday, November 30th
ADJOURNMENT
Motion by Sotelo-Solis, seconded by Van Deventer, to adiourn the meeting to the
next Regular Meeting of the City Council and Community Development
Commission to be held Tuesday, December 1, 2009 at 6:00 p.m., Council
Chambers, National City. Carried by unanimous vote.
The meeting closed at 7:18 p.m.
CitClerk / Recording Secretary
The foregoing minutes were approved at the Regular Meeting of February 16,
2010.
Mayor / CDC Chairman