HomeMy WebLinkAboutCC RESO 14,769RESOLUTION NO. 14,769
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY MODIFYING THE
DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER
OF THE APPEAL OF MARIA NAVARRO
WHEREAS, on August 19, August 29, September 6, September 12 and
September 13, 1985 in the City Council Chambers, 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 Maria
Navarro from her discharge from her position as Engineering Department
Secretary; and
WHEREAS, after said hearing, the Civil Service Commission, on
September 16, 1985, 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 September 17, 1985, 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, 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 to the City
Council; and
WHEREAS, at its regular meeting of October 15, 1985, the City
Council further considered the Matter of the Appeal of Maria Navarro, and
deliberated upon said matter in open 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 on June 27, 1985, Maria Navarro, while employed as the
Secretary to the Engineering Department, engaged in a telephone conversation
with Janet Shildmeyer, a secretary for Heat Exchange and Coolers, National
City. On that date, a dispute existed between Heat Exchange and Coolers and
the City of National City, which was the subject of an earlier telephone
conversation between Janet Shildmeyer and the City Engineer, Ms. Navarro's
supervisor. During the telephone conversation between Maria Navarro and Janet
Shildmeyer, Ms. Navarro advised Ms. Shildmeyer that she should complain to the
Mayor, the City Council, and the City Manager about the City Engineer, that
the City had no right to to withhold money from Heat Exchange and Coolers,
and that Ms. Shildmeyer should demand the money from the city.
2. That on June 18, 1985, Maria Navarro initiated a discussion in the
Office of Roger Post, Planning Director for the City of National City. During
said discussion, Ms. Navarro blamed Mr. Post for an adverse performance
evaluation which she had received from the City Engineer, advised Mr. Post that
she wanted him to stop talking to the City Engineer about her performance, and
several times told Mr. Post to "stop harassing her".
3. That the aforementioned conduct of Maria Navarro constituted
willful insubordination, in violation of Civil Service Rule 802(c).
4. That the aforementioned conduct of Maria Navarro constituted a
failure of good behavior and action during and outside of duty hours which are
incompatible and inimical to the public service, and disrupted departmental
operations, in violation of Section 3.24.020(c) of the National City Municipal
Code.
5. That Maria Navarro has been provided reasonable notice and an
opportunity to respond to the charges against her.
6. 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 Maria Navarro be suspended, without pay, for a period of
thirty calendar days, from September 16, 1985 to October 15, 1985.
2. That Maria Navarro be reinstated to her position as Secretary
with the City of National City commencing at the beginning of work on October
17, 1985.
3. That, except for the thirty day period of suspension, Maria
Navarro receive back pay and benefits from the date of her termination to the
date of her reinstatement.
4. That Maria Navarro be reassigned to a department in the City
other than the Engineering Department.
PASSED and ADOPTED this 15th day of October, 1985.
Kile Morga;, Mayor
ATTEST:
Ions Campbell, City/ Clerk
APPROVED AS TO FORM:
Alf
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George if. Eiser, III - City Attorney