HomeMy WebLinkAboutCC RESO 15,422RESOLUTION NO. 15,422
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN
THE MA'1ullt OF THE APPEAL OF JESUS SAAVEDRA
WHEREAS, on August 13, 1987, in the National City Civic Center,
1243 National City Boulevard, National City, California, a hearing was held
by the Civil Service Commission of the City of National City, to consider
the appeal of Jesus Saavedra from his reduction of salary one step within
the range prescribed for his class, from Step E to Step D, effective 7:00
a.m., Tuesday, August 11, 1987, this reduction in salary to cease effective
the beginning of the first pay period in August, 1988, unless grounds are
established for further disciplinary action under Section 802 of the Civil
Services Rules; and
WHEREAS, after said hearing, the Civil Service Commission, on
August 18, 1987, certified its findings and decisions to the City Council
of the City of National City; and
WHEREAS, Rule 810 of the Civil Service Rules of the City of
National City provides that within 30 days after the Commission has
certified its findings and decisions to the City Council, the Council may
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 a transcript of the testimony and copies of
all documentary evidence before the Commission, was transmitted and made
available to the City Council; and
WHEREAS, at its regular meeting on September 8, 1987, the City
Council further considered the Matter of the Appeal of Jesus Saavedra, 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. Appellant Jesus Saavedra was aware of the policy issued by Public
Works Director Curtis R. Williams, on January 19, 1981, entitled Public Works
Instruction I - Safety Procedures for Entering into Confined Spaces.
2. Appellant understood the policy.
3. On June 25, 1987, appellant was called out by the Police
Department. Upon arrival at the scene appellant was asked to retrieve a purse
that was in a catch basin. Appellant entered a confined space which was an 8-
foot deep storm manhole/batch basin near 130 Drexel Avenue.
4. Prior to entry appellant did not perform the safety tests
required by Public Works Instruction I, which include an explosimeter test, a
hydrogen sulfide detector test, and an oxygen deficiency indicator test.
5. Further, appellant did not meet additional requirements of
logging his entry, placing portable blowers in operation for at least ten
minutes prior to entering the confined space, wearing an approved safety
harness with the safety line manned by a person in a standby position, and
hanging a combustible gas and oxygen dificiency test device in the confined
space while working.
6. The safety procedures described in Public Works Instruction I,
were discussed with appellant and other members of his crew in 1983, as the
result of an incident where appellant's crew entered a confined space without
compliance with the department safety requirements.
7. The evidence establishes that the appellant violated Section
802(b) of the Civil Service Rules: "Inefficiency, incompetence or negligence
in the performance of his duties, including failure to perform assigned tasks
or training, or failure to discharge duties in a prompt, competent and
responsible manner".
8. The evidence establishes that the appellant violated Section
802(c) of the Civil Service Rules: "Willful disobedience or insubordination,
or violation of any lawful or official regulation or order; or failure to obey
any lawful and reasonable direction given him by a superior officer when such
violation or failure to obey amounts to insubordination or serious breach of
discipline which may reasonably be expected to result in lower morale in the
organization or result in loss, inconvenience, or injury to the City, or the
public".
BE IT FURTHER RESOLVED that based on the above findings, the City
Council orders as follows:
1. That the decision of the Director of Public Works is affirmed,
and that the decision in appellant's salary of one step within the range
prescribed for the appellant's class from Step E to Step D which was effective
7:00 a.m. Tuesday, August 11, 1987 shall stand. This reduction in salary
shall cease effective the beginning of the first pay period in August, 1988,
unless grounds are established for further disciplinary action under Section
802 of the Civil Service Rules.
2. That appellant receive additional training to ensure that
appellant will not commit violations of this nature in the future.
3. That appellant be required to demonstrate his fitness to function
as Sewer Crew Chief.
4. That appellant's supervisor undertake a special evaluation of
appellant's performance in approximately six months, and again in
approximately twelve months, to determine if appellant is conforming to all
applicable safety procedures for his position, and to ensure that appellant is
fit to function as Sewer Crew Chief.
BE IT FURTHER RESOLVED that the time within which judicial review of
this decision must be sought is governed by Code of Civil Procedure Section
1094.6.
PASSED and ADOPTED this 15th day of September, 1987.
E
George .Waters, Mayor
ATZEST:
Ione Campbell, City Clerk
APPROVED AS TO FORM:
/!/le,4-1),& 2R?
George H. Eiser, III -City Attorney