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HomeMy WebLinkAboutCC RESO 92-37RESOLUTION NO. 92-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THE APPEAL OF LYNN MARTINEZ WHEREAS, on November 12 and 14, 1991, and December 11 and 17, 1991, 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 Lynn Martinez regarding her termination as a police officer with the City of National City, effective September 19, 1991; and WHEREAS, after said closed hearing, the Civil Service Commis- sion deliberated in private and thereafter rendered a unanimous written decision containing its FINDINGS and CONCLUSIONS AND RECOMMENDATIONS; and WHEREAS, the Civil Service Commission certified its findings and decisions to the appellant Lynn Martinez, the appointing authority, and the City Council on December 31, 1991; and WHEREAS, a copy of the decision of the Civil Service Commis- sion 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; to wit, on January 6, 1992 the appellant Lynn Martinez by and through her attorney Everett Bobbitt appealed the decision of the Civil Service Commission; 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 Lynn Martinez, and the appointing authority; and Continued on Page Two Resolution No. 92-37 Page 2 of 4 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 on March 3, 1992, the City Council considered the Matter of the Appeal of Lynn Martinez 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. The appellant was employed by the City as a Police Officer with the National City Police Department since October 4, 1988, and was assigned to the Patrol Unit on July 19, 1991. 2. On July 19, 1991, the appellant was dispatched as the primary officer to a "suspicious noises" call in the vicinity of Cafe Estella at 4:25 a.m., where she contacted three Hispanic males. 3. Within four (4) minutes of the dispatch, the appellant reported "Code 4" to dispatch and to her back-up officer, Steven Harper, prior to a proper investigation of the entire scene. 4. There was a burglary in progress at Cafe Estella at the time the appellant arrived at the scene, which crime was completed on the appellant's departure. 5. The appellant had received training in proper police investigation techniques which she failed to follow through in a situation where strong suspicion should have existed. Continued on Page Three Resolution No. 92-37 Page 3 of 4 6. The appellant has an extensive history of failure to adequately perform at expected departmental standards and was progressively disciplined for this failure to perform. The progressive discipline included verbal and written reprimands, suspensions, special evaluation programs for corrective purposes, and finally termination. 7. The evidence establishes that the appellant violated Section 5.0 of the National City Policed Department Rules and Regulations: Perfor- mance of Duties. 8. The appellant failed in her performance of duty as specified in that National City Police Department Rules and Regulations Section 5.0 in that she radioed "Code 4" to dispatch prior to a proper investigation. 9. The appellant also failed in her performance of duty in that she indicated "Code 4" to Officer Steven Harper upon his arrival and thereby did not provide for proper and thorough investigation of the scene. 10. This particular incident is aggravated by similar deficiencies and prior discipline and is indicative of a continuing pattern of failing to maintain acceptable performance of duty. 11. The appellant has not acknowledged any responsibility for her actions nor understanding of any failings on her part. 12. That appellant intentionally committed all of the acts described above, and provides no explanation to mitigate the seriousness of the violation of Rule 5.0 Performance of Duty. 13. That the nature and gravity of this violation, is of the most compelling nature, requiring the most serious discipline by the Department, inasmuch as appellant's continued conduct in spite of numerous efforts to remediate her deficiencies, jeopardizes the image and effectiveness of the Department in the community. 14. That appellant Lynn Martinez has been provided reasonable notice and opportunity to respond to the charges against her. Continued on Page Four Lori Anne Peoples City Clerk Resolution No. 92-37 Page 4 of 4 15. 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 that the December 31, 1991 Decision of the National City Civil Service Commission is hereby affirmed in its entirety, to wit: The action of the Chief of Police to terminate from employment Ms. Lynn Martinez effective September 19, 1991 is sustained. BE IT FURTHER RESOLVED that the time period within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of March, 1992. ATTEST: ()AA. Ol.AAA„:_g_f3-02.A..,6„, APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, 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 STATEMENT OF FINDINGS AND DECISION EXHIBIT A MN THE MATTER OF THE APPEAL OF THE TERMINATION OF LYNN MART I NE Z POLICE OFFICER The above -captioned matter concerning the discipline of Lynn Martinez as an employee with the City of National City Police Department came on for hearing on Novpmher 12, November 14, Decpmher 11, and concluded on December 17, 1991 before the Civil Service Commission of the City of National City in the Conference Room of City Hall at 1243 National City Blvd., National City, 91950. Lynn Martinez was present and represented by Everett L. Bobbitt, Attorney at Law, throughout the hearing. The department was represented by Linda K. Harter, Assistant City Attorney. Serving as legal advisor to the Commission was Attorney John S. Meyer. The following memhers of the Commission constituted a quorum and participated in this hearing and decision: Chairperson Kathleen Jo Smith, Vice Chairperson Ernest H. Azhocar, Commissioners Richard C. Hubbard and Dorwin Newman. One Commissioner position was vacant at the time of the hearing. The Civil Service Commission heard the testimony and examined the evidence offered by the parties, and the cause was submitted for decision. The Civil Service Commission being fully advised, makes its findings of fact and statement of decision as follows: FINDINGS OF FACT 1. The appellant was employed by the City as a Police Officer with the National City Police Department since October 4, 1988, and was assigned to the Patrol Unit on July 19, 1991. 2. On July 19, 1991, the appellant was dispatched as the primary officer to a "suspicious noises" call in the vicinity of Cafe Estella at 4.25 a.m., where she contacted three Hispanic males. 3. Within four (4) minutes of the dispatch, the appellant reported "Code 4" to dispatch and to her back-up officer, Steven Harper, prior to a proper investigation of the entire scene. 4. There was a burglary in progress at Cafe Estella at the time the appellant arrived at the scene, which crime was completed on the appellant's departure. AN AFFIRMATIVE ACTION/CIVIL SERVICE EMPLOYE?. Page 2 of 3 FINDINGS OF FACT (continued) 5. The appellant had received training in proper police investigation techniques which she failed to follow in a situation where strong suspicion should have existed. 6. The appellant has an extensive history of failure to adequately perform at expected departmental standards and was progressively disciplined for this failure to perform. The progressive discipline included verbal and written reprimands, suspensions, special evaluation programs for corrective purposes, and finally termination. COIVCLUS 2OMS 1. The evidence establishes that the appellant violated Section 5.0 of the National City Police Department Rules and Regulations: Performance of Duties. 2. The appellant failed in her performance of duty as specified in the National City Police Department Rules and Regulations Section 5.0 in that she radioed "Code 4" to dispatch prior to a proper investigation. 3. The appellant also failed in her performance of duty in that she indicated "Code 4" to Officer Steven Harper upon his arrival and thereby did not provide for proper and thorough investigation of the scene. 4. This particular incident is aggravated by similar deficiencies and prior discipline and is indicative of a continuing pattern of failing to maintain acceptable performance of duty. 5. The appellant has not acknowledged any responsibility for her actions nor understanding of any failings on her part. DECISION Based on the above findings and conclusions, the Civil Service Commission by unanimous decision does hereby determine that the action of the Chief of Police to terminate from employment Ms. Lynn Martinez effective September 19, 1991 is sustained. City of National City Civil Service Commission Kathleen J. Smith7Cha'rperson Date a Page 3 of 3 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 written request for Council review, the Council shall affirm, revoke or modify the Commission's action, such Council action to be final and conclusive."