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HomeMy WebLinkAbout2011 05-31 CC ADJ MINBook 93 / Page 148 05-31-2011 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA May 31, 2011 The Adjourned Regular Meeting of the City Council of National City was called to order at 5:05 p.m. by Mayor Ron Morrison. ROLL CALL Council members present: Morrison, Natividad, Rios, Sotelo-Solis, Zarate. PUBLIC ORAL COMMUNICATIONS None. CITY COUNCIL OPEN SESSION PERSONNEL ADMIN (604-6-1) 1. Public Employee Discipline / Dismissal / Release Appeal to City Council of March 29, 2011 Decision of the Civil Service Commission — Oral Argument by Counsel RECOMMENDATION: None. TESTIMONY: Mayor Morrison read into the record the following statement: "We will now commence a review of the April 11, 2011 decision of the National City Civil Service Commission in upholding an order of termination for 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 May 31, 2011 in the Council Chambers. The record will further reflect that this review is being held by the City Council of National City and that all members are present. The record will further reflect that Morgen Foley, Special Counsel to the Civil Service Commission and the City Council is also present. Each member of the City Council has been provided with a set of transcript of the Civil Service proceedings, a copy of the Civil Service Decision and briefs prepared by the appellant counsel and the appointing authority's counsel. Before the City Council and its special counsel adjourn to closed session, the appellant and the appointing authority and members of the public will be allowed to address this matter under review. Book 93 / Page 149 05-31-2011 OPEN SESSION (cont.) PERSONNEL ADMIN (604-6-1) 1. Public Employee Discipline / Dismissal / Release Appeal to City Council of March 29, 2011 Decision of the Civil Service Commission — Oral Argument by Counsel (continued) TESTIMONY: 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 before 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 that you 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 meeting portion of this hearing nor shall any oral statements be made that will readily identify the appellant." ORAL ARGUMENTS: Jody Doucette, attomey for the appointing authority, presented oral arguments to the City Council. Charles Walker, attorney for the appellant, presented oral arguments to the City Council. ACTION: The meeting adjourned into Closed Session at 5:19 p.m. CLOSED SESSION 2. Public Employee Discipline / Dismissal / Release Government Code Section 54957 The meeting reconvened at 6:17 p.m. ROLL CALL Council members present: Morrison, Natividad, Rios, Sotelo-Solis, Zarate. OPEN SESSION PERSONNEL ADMIN (604-6-1) 1. Public Employee Discipline / Dismissal / Release ACTION: Mayor Morrison read the following statement into the record: "We have reached a decision in our review of this disciplinary action. Having reviewed the evidence presented at the Civil Service Commission, the decision of the Civil Service Commission and having considered the arguments, both oral and written presented to the City Council at this meeting, it is the decision of this City Council that the decision of the Civil Service Book 93 / Page 149a 05-31-2011 OPEN SESSION (cont.) PERSONNEL ADMIN (604-6-1) 1. Public Employee Discipline / Dismissal / Release (continued) ACTION: Commission be upheld. This decision was approved on the motion of Council Member Natividad, seconded by Council member Zarate and passed by unanimous vote. A written statement of our decision will be prepared by our special counsel and approved by Vice Mayor Sotelo-Solis and the Mayor. A copy of the decision will be served on the parties by mail through their representatives and will be provided to each of the members of the City Council. The decision will be final upon mailing of the decision to the parties." ADJOURNMENT Motion by Natividad, seconded by Sotelo-Solis, to adjourn the meeting to the next Regular City Council and Community Development Commission Meeting to be held Tuesday, June 7, 2011 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The foregoing minutes were approved at the Regular Meeting of November 15, 2011.