Loading...
HomeMy WebLinkAboutCC RESO 16,077RESOLUTION NO. 16,077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF HOWARD LASHER WHEREAS, on June 13, June 20, and June 28, 1989, in City Hall, Main Conference Room, 1243 National City Boulevard, National City, California, a closed hearing was held by the Civil Service Commission of the City of National City, to consider the appeal of Howard Lasher of the termination of his employment as a police officer with the City of National City, effective April 12, 1989; and WHEREAS, after said closed hearing, the Civil Service Commission deliberated in private and thereafter rendered a written decision containing its FINDING AND CONCLUSION AND RECOMMENDATION; and WHEREAS, the Civil Service Commission certified its findings and decisions to the appellant Howard Lasher, the appointing authority, and the City Council on June 30, 1989; and WHEREAS, a copy of the decision of the Civil Service Commission is attached hereto as Exhibit "A," and WHEREAS, a written request for council review was filed with the personnel officer within ten days after the Commission had certified its findings and decision; to wit, the appellant Howard Lasher by and through his attorney, Everett Bobbitt, appealed that portion of the written decision of the Civil Service Commission contained in the CONCLUSION AND RECOMMENDATION, to wit: "Based upon the above findings, the Civil Service Commission concludes that the action of the Chief of Police to terminate from employment Mr. Howard W. Lasher effective April 12, 1989, should be sustained"; and WHEREAS, a copy of said written request is attached hereto as Exhibit "B"; and WHEREAS, thereafter the personnel officer had a transcript of the hearing before the Civil Service Commission prepared and distributed to the members of the council, the appellant Howard Lasher and the appointing authority; and WHEREAS, Rule 810 of the Civil Service Rules of the City of National City provides that within sixty days after submittal of a written request for council review, the council shall affirm, revoke or modify the commission's action, such council action to be final and conclusive; and WHEREAS, a copy of the record of the proceedings before the Civil Service Commission, including said transcript of the testimony, copies of all documentary evidence and other exhibits were transmitted and made available to the City Council; and WHEREAS, at its regular meeting on September 5, 1989, the City Council considered the Matter of the Appeal of Howard Lasher and deliberated upon said matter in closed session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Council makes the following findings: 1. That the only issue before the City Council is whether or not, based on the record of the Civil Service Hearing, the decision of the Civil Service Commission should be affirmed, revoked or modified. 2. That the FINDINGS made by the Civil Service Commission, not having been included in appellant's request for council review are, pursuant to Rule 810, final, to wit: 1. The evidence establishes that the appellant violated Section 7.3 of the National City Police Department rules and regulations "Operating Vehicles." 2. The evidence establishes that the appellant violated Section 5.0 of the National City Police Department rules and regulations "Performance of Duty." 3. The evidence establishes that the appellant violated Section 1.3 of the National City Police Department rules and regulations "Obedience to Rules." 2 4. The evidence establishes that the appellant violated Section 1.4 of the National City Police Department rules and regulations "Obedience to Laws." 5. The evidence establishes that the appellant violated Section 1.6 of the National City Police Department rules and regulations "Obedience of Lawful Orders." 3. That on February 27, 1989, in the early morning hours, appellant was involved in a collision with another marked police car. Without justification of emergency and acting contrary to the Vehicle Code, appellant drove through a red light, without activating emergency equipment and rapidly accelerated. 4. That thereafter appellant accelerated to a speed of between 55-65 m.p.h. on a National City street with a posted limit of 35 m.p.h. 5. Primarily because of excessive speed, appellant was unable to maintain enough control of the vehicle to avoid colliding with another marked National City police car. 6. That a prior similar violation occurred on September 25, 1987, wherein appellant was involved in a traffic collision on the interchange from 1-5 north to the Coronado bridge, due to excessive speed. Although mitigated by the fact that the appellant was in pursuit of a felony vehicle, the collision was preventable, for which appellant was suspended for 30 hours. 7. That another prior speeding incident occurred on July 10, 1989. Officer Pittman observed appellant speeding through an intersection approximately two feet from Officer Pittman. Appellant had no justification of emergency, nor activated his emergency equipment. 8. That appellant's supervisor Sgt. Clark had counselled appellant about excessive speed following an incident on E. 8th Street, another incident wherein a nurse was almost struck and another incident when appellant was leaving Paradise Valley Hospital. 9. That on July 25, 1989, Sgt. Clark ordered appellant to drive safely, abide by NCPD Rules and Regulations 3 and abide by the California Vehicle Code; appellant was strongly advised regarding the incident with Officer Pittman. 10. That on August 28, 1988, a Performance Improvement Plan was initiated by Sgt. Clark to encourage appellant to improve his driving, alerting him to deficiencies and to the likelihood of discipline for failure to respond. 11. That on January 31, 1989, Sgt. Clark again observed appellant speeding without justification and ordered appellant to slow down. 12. That as a result of an incident that occurred on January 1, 1989, appellant was advised any further misconduct would jeopardize his employment with the department. 13. That the nature and repetition of these violations is of great concern, requiring the most serious discipline by the department, inasmuch as appellant's conduct exposed the department to liability, that any recurrence could cause injury or death to either another officer, himself or a member of the public and that the department and the city cannot accept such liability. 14. That the appointing authority continually and consistently exercised progressive discipline of appellant. 15. That thereafter appellant intentionally, knowingly, and wilfully failed to respond to said discipline and violated direct orders and departmental rules and regulations. 16. That the appellant's inability to benefit from counselling and discipline was documented, including a performance report dated July 31, 1988, and a Performance Improvement Plan dated August 28, 1988. 17. That appellant intentionally committed all of the acts described above, and provided no explanation to mitigate the seriousness of these violations. 18. That the appellant was not able to operate within the policies and procedures required of officers of the National City Police Department. 4 19. That based on appellant's actions, weighed with his prior conduct, .the decision in the best interest of the appellant and the department is termination. 20. That the aforementioned conduct of Howard Lasher constituted violations of the National City Police Department Rules and Regulations, to wit: Section 7.3 "Operating Vehicles" Section 5.0 "Performance of Duty" Section 1.3 "Obedience to Rules" Section 1.4 "Obedience to Laws" Section 1.6 "Obedience of Lawful Orders" 21. That appellant Howard Lasher has been provided reasonable notice and opportunity to respond to the charges against him. 22. That all procedural requirements of the Civil Service Rules have been complied with. BE IT FURTHER RESOLVED that based on the above findings, the City Council orders the FINDINGS, and CONCLUSION AND RECOMMENDATION of the June 30, 1989, decision of the National City Civil Service Commission is affirmed in full. BE IT FURTHER RESOLVED that the time period within which judicial review of this decision must be sought is governed by California Code of Civil Procedure §1094.6. PASSED and ADOPTED this 5th day of September, 1989. ATTEST: Lor Anne Peoples, City Clerk APPROVED AS TO FORM: Geor'ge H. Eiser, City Attorney ���g George H.vWaters, Mayor City of National City Civil Service Commission 1243 National City Boulevard National City, California 92050-4397 (619) 336-4309 CITY OF NATIONAL CITY CIVIL SERVICE COMMISSION RECEIVED JUL 31989 CITY ATTORNEY NATIONAL CITY In the Matter of the Appeal of Howard W. Lasher DECISION On June 13, 20 and 28, 1989, in the National City Civic Center, 1243 National City Boulevard, National City, California, a private hearing was held by the Civil Service Commission of the City of National City to consider the appeal of Howard W. Lasher from his discharge from his position as Police Officer with the National City Police Department, effective April 12, 1989. At said hearing, Mr. Lasher appeared represented by Attorney Everett L. Bobbitt, and Police Captain Edward T. Deese on behalf of the City appeared represented by Assistant City Attorney Linda K. Harter. Serving as advisor to the Commission was Attorney John S. Meyer. The following members of the Commission participated in all sessions of the hearing and the decision: Chairman Lily Martin and Commissioners Richard Hubbard, Dorwin Newman, and Christine Stein. Section 810 of the Civil Service Rules of the City of National City states the following: "Upon conclusion of a review of disciplinary action, the findings and decision of the Commission shall be set forth in writing and shall state as to each charge whether or not such charge is sustained. The Commission may also set forth in writing any recommendations it may have based upon such findings and within ten (10) days after concluding the hearing, it shall certify its findings, conclusions and recommendations." "The decision of the Commission shall be final unless written request for Council review is filed with the Personnel Officer by either the employee or the appointing authority within ten (10) days after the Commission has certified its findings and decisions. Upon receipt of the request for review, the Personnel Officer shall have a transcript of the hearing prepared and distributed to the members of the Council, the appellant, and the appointing authority. Within sixty (60) days after the submittal of a request for Council review, the Council shall revoke or modify the Commission's action, such action to be final and conclusive." written affirm, Council EVi-I\ IT A EVUIDIT A AN AFFIRMATIVE ACTION/CIVIL SERVICE EMPLOYER Witnesses having been sworn, and evidence oral and documentary having been presented, and the matter having been argued and submitted for decision, the Civil Service Commission makes the following findings: FINDINGS 1. The evidence establishes that the appellant violated Section 7.3 of the National City Police Department rules and regulations "Operating Vehicles". 2. The evidence establishes that the appellant violated Section 5.0 of the National City Police Department rules and regulations "Performance of Duty". 3. The evidence establishes that the appellant violated Section 1.3 of the National City Police Department rules and regulations "Obedience to Rules". 4. The evidence establishes that the appellant violated Section 1.4 of the National City Police Department rules and regulations "Obedience to Laws". 5. The evidence establishes that the appellant violated Section 1.6 of the National City Police Department rules and regulations "Obedience of Lawful Orders". CONCLUSION AND RECOMMENDATION Based upon the above findings, the Civil Service Commission concludes that the action of the Chief of Police to terminate from employment Mr. Howard W. Lasher effective April 12, 1989 should be sustained. City of National City Civil Service Commission ily F Martin, Chairman 6- 30- 8t Date EVERETT L. BOBBITT ATTORNEY AT LAW 1850 FIFTH AVENUE SAN DIEGO, CALIFORNIA 92101-2780 (619) 232-8142 July 10, 1989 HAND DELIVERED 1 u 1989 City Council City of National City c/o Personnel Director Richard Schulman 1243 National City Boulevard National City, CA 92050-4397 Re: Howard Lasher Dear City Council: Pursuant to section 810 of the Civil Service Ruls of i Sion the City of National City, Mr. Howard Lasher appears the del of the Civil Service Commission to uphold his termination from police employment. It is requested that in behalf of Mr. Lasher I be allowed to address the City Council prior to deliberations on this matter. ELB/mkh cc: Howard Lasher Very truly yours, Everett L. Bobbitt EX01317 v ADP s w.u.nrr n �..,.........,....:..