HomeMy WebLinkAboutCC RESO 16,162RESOLUTION NO. 16,162
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY DETERMINING THE
APPEAL OF ROBERT D. DENHAM
WHEREAS, on November 9, 1989, in City Hall, Main
Conference Room, 1243 National City Boulevard, National City,
California, a public hearing was held by the Civil Service
Commission of the City of National City, to consider the
appeal of Robert D. Denham, Park Caretaker I, from his
suspension without pay for thirty days effective at the end
of his work shift on October 10, 1989;
WHEREAS, after said public hearing, the Civil
Service Commission deliberated in private and thereafter
rendered a written decision containing its FINDINGS AND
CONCLUSIONS AND RECOMMENDATIONS; and
WHEREAS, the Civil Service Commission certified its
findings and decisions to the appellant Robert D. Denham, the
appointing authority, and the City Council on November 16,
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 (10) days after
the Commission had certified its findings and decision; 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 Robert D. Denham and the appointing authority; and
WHEREAS, Rule 810 of the Civil Service Rules of the
City of National City provides that within sixty (60) 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 of January 16, 1990,
the City Council considered the Matter of the Appeal of Robert
D. Denham 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. Between October 22, 1987, and September 14, 1989,
managers in the Parks & Recreation Department have, on
eighteen occasions, counseled or disciplined appellant
for poor performance. Most recently, appellant Robert
D. Denham failed to properly perform assigned duties.
Two of the most recent incidents reflect a continuation
of substandard performance:
a. On September 20, 1989, after being assigned to mow
the 12th Street medians, it was found that the mower
was not set at the proper height as appellant had
been instructed to do. It was necessary for
appellant to mow the medians several times in order
to get the job done properly. Because of the time
it took appellant to get the job done properly,
others were assigned to do appellant's other work.
b. On September 12, 1989, appellant left the grass
catcher on the median. It was picked up by a
Recreation Supervisor.
2. Appellant has failed to communicate on occasions when he
is unable to come to work. This pattern began in
October, 1987, when appellant received a one -day
suspension for being tardy eight (8) times. Examples of
continued problems are: on September 6, 1989, appellant
failed to report to work or call in to his supervisor.
On September 7, 1989, appellant called and said he would
be in later, but never showed up.
BE IT FURTHER RESOLVED that the evidence established
that, by engaging in the foregoing conduct, the appellant
Robert D. Denham violated Section 802(b) of the Civil Service
Rules of the City of National City:
"(b) 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."
BE IT FURTHER RESOLVED that appellant Robert D.
Denham has been provided reasonable notice and an opportunity
to respond to the charges against him.
BE IT FURTHER RESOLVED that all procedural require-
ments of the Civil Service Rules have been complied with.
BE IT FURTHER RESOLVED that based on the above
findings, the decision of the Civil Service Commission is
hereby affirmed.
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 16th day of January, 1990.
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George H. aters Mayor
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ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
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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
In the Matter of the Appeal
of ROBERT D. DENHAM
DECISION
On November 9, 1989, in the National City Civic Center, 1243
National City Boulevard, National City, California, a public
hearing was held by the Civil Service Commission of the City of
National City to consider the appeal of ROBERT D. DENHAM, Park
Caretaker I, from his suspension without pay for thirty days
effective at the end of his work shift on October 10, 1989. At
said hearing, MR. DENHAM appeared representing himself, assisted by
Dan McCadam, President, National City Municipal Employees'
Association, and James Ruiz, Director of Parks & Recreation, on
behalf of the City. Serving as advisor to the Commission was
Attorney John S. Meyer. The following members of the Commission
participated in this hearing and the decision: Chairman Lily
Martin and Commissioners Richard Hubbard, Dorwin Newman, and
Kathleen Jo Smith.
City
Section 810 of the Civil Service Rules of the City of National
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 written
request for Council review, the Council shall affirm,
revoke or modify the Commission's action, such Council
action to be final and conclusive."
EXHIBIT A
APPEAL: ROBERT D. DENHAM
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. Between October 22, 1987, and
September 14, 1989, managers in the Parks &
Recreation Department have, on eighteen
occasions, counseled or disciplined appellant
for poor performance. Most recently, appellant
failed to properly perform assigned duties.
Two of the most recent incidents reflect a
continuation of substandard performance:
a. On September 20, 1989, after being
assigned to mow the 12th Street medians,
it was found that the mower was not set at
the proper height as appellant had been
instructed to do. It was necessary for
appellant to mow the medians several times
in order to get the job done properly.
Because of the time it took appellant to
get the job done properly, others were
assigned to do appellants other work.
b. On September 12, 1989, appellant left the
grass catcher on the median. It was
picked up by a Recreation Supervisor.
2. Appelant has failed to communicate on occasions
when he is unable to come to work. This pattern
began in October 1987, when appellant received
a one day suspension for being tardy eight (8)
tiles. Examples of continued problems are: on
September 6. 1989. appellant failed to report
to work or call in to his supervisor. On
September 7. 1989. appellant called and said he
would be in later, but never showed up.
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APPEAL: ROBERT DENHAM
3. The evidence establishes that, by engaging in
the foregoing conduct, the appellant violated
Section 802(b) of the Civil Service Rules of
the City of National City:
"(b) 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."
CONCLUSION AND RECOMMENDATION
Based upon the above findings, the Civil Service Commission
concludes that the action of the Director of Parks & Recreation to
suspend for thirty days without pay MR. ROBERT D. DENHAM effective
at the end of his work shift on October 10, 1989, should be
sustained.
City of National City
Civil Service Commission
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Lily Fi/ Martin, Lhairaan
Date
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