HomeMy WebLinkAboutCC RESO 15,196RESOLUTION NO. 15,196
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY MODIFYING THE
DFrISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER
OF THE APPEAL OF JAMES ZUFFOLETTO
WHEREAS, on September 22, September 25, October 22, October 30,
November 5, and November 10, 1986, in the City Hall, 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 James Zuffoletto from his discharge from his position as a Police
Officer with the City of National City, effective August 14, 1986; and
WHEREAS, after said closed hearing, the Civil Service Commission,
on November 13, 1986, 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, at its regular meeting of November 25, 1986, the City
Council received the certified decision of the Civil Service Commission,
and requested a record of the proceedings before the Civil Service
Commission, to permit further consideration by the City Council of the
matter; and
WHEREAS, James Zuffoletto, by and through his counsel, waived the
30 day rule set forth in Rule 810 of the Civil Service Rules of the City of
National City so that the Council could consider the transcript of the
testimony and copies of all documentary evidence in the proceedings before
the Civil Service Commission; 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 January 13, 1987, the City
Council further considered the Matter of the Appeal of James Zuffoletto,
and deliberated upon said matter in closed session
WHEREAS, on January 20, 1987, Officer Zuffoletto by and through
his attorney Everett L. Bobbitt addressed the City Council in open session
thus waiving Officer Zuffoletto's request that these proceedings be closed,
which remarks and presentation shall become a record of these proceedings
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
the facts and circumstances surrounding the incident involving a "hot stop"
conducted by Officer Zuffoletto on the evening of June 22, 1986 provides a
sufficient basis for discharge from his position as Police Officer with the
City of National City.
2. That on June 22, 1986, during a felony "hot stop" of a vehicle
in the 300 block of Highland Avenue, the following conduct was exhibited.
A. Officer Zuffoletto left a position of cover, without good
cause, contrary to all standard practices and training, jeopardizing his
own safety, that of the public, and fellow officers.
B. Without good cause, using extremely poor judgment, Officer
Zuffoletto left a person suspected of being armed, who was under his
immediate control, which amounted to abandonment of his assigned
responsibility. Those actions jeopardized Officer Zuffoletto's safety, the
safety of the public, and that of Officer Zuffoletto's fellow officers. He
took such action without so much as advising his cover officers of his
intentions.
C. Officer Zuffoletto engaged a person, suspected of being armed,
in a physical fight while armed with a shotgun (a round chambered) for the
stated purpose of attempting to have the suspect raise his hands. Officer
Zuffoletto struck that person with the butt of the shotgun from three to
six times when that person was not offering physical resistance or any
other overt threatening actions. Approximately forty minutes prior to this
incident, Officer Zuffoletto had been advised by Sergeant Coyle, his
supervisor, never to strike anyone with a loaded shotgun. The use of such
force, for the purpose stated by Officer Zuffoletto is excessive and not
authorized.
D. During the physical struggle between Officer Zuffoletto and a
person suspected of being armed, Officer Zuffoletto held a loaded shotgun
in one hand (round in chamber) while clutching the shirt of that person
with the other hand. Such tactics are the result of extremely poor
judgment.
E. Officer Zuffoletto yelled an obscenity at citizen witnesses
across the street from his location when those witnesses "yelled something"
at him. To the best of his recollection and that of witnesses, Officer
Zuffoletto's statement was similar to "shut the fuck up."
F. Officer Zuffoletto offered the opinion, in an interview with
Captain Fbwler, that an acceptable alternative to his performance during
the "hot stop" was to "shoot the passenger." Such an action would have
been "an outrageous violation of department" policy regarding the use of
deadly force.
3. That the aforementioned conduct of Officer Zuffoletto
constituted violations of Civil Service Rules as follows:
A. Discourteous or offensive treatment of public (Rule VIII,
Section 902 (i)).
B. Incompetence or negligence in performance of duties or failure
to discharge duties in a competent and responsible manner (Rule VIII,
Section 802 (b)).
C. Any conduct unbecoming an officer of the city (Rule VIII,
Section 802 (p)).
4. That the aforementioned conduct of Officer Zuffoletto
constituted violations of National City Police Department Rules and
Regulations as follows:
A. Failure of an employee, either willfully or through negligence
or incompetence, to perform the duties of his rank or assignment (Section
300.06).
B. Employees shall obey the laws of the United States in the State
of California (Section 301.01 OBEDIENCE -LAWS AND ORDERS.
C. Employees shall not commit any act tending to bring reproach or
discredit upon the Department or City of National City (Section 302.01
CONDUCT).
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5. That during the course of the proceeding, Officer Zuffoletto
has not stated that he feels he has done anything wrong.
6. That Officer Zuffoletto has been provided reasonable notice
and opportunity to respond to the charges against him.
7. 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 as follows:-
1. That James Zuffoletto be terminated from employment with the
City of National City effective August 14, 1986.
PASSED and ADOPT 1 this - 76 day of January, 1987.
George . Waters, Mayor
ATPEST:
Ione-Canpbell, City eek
Ione/Campbell, City erk
cE:PROVED AS TO PO '+' :
Daniel J. 4bbi'l,..-cial Counsel