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HomeMy WebLinkAboutCC RESO 93-125RESOLUTION NO. 93-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THE APPEAL OF RICHARD MALLARD, PLUMBER WHEREAS, on June 10, 1993, 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 Richard Mallard, plumber, regarding discipline imposed effective June 22, 1993; and WHEREAS, after said closed 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 Richard Mallard, the appointing authority, and the City Council on June 18, 1993; 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 Richard Mallard, 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 Continued on Page Two Resolution No. 93-125 Page 2 of 4 WHEREAS, at its regular meeting on August 24, 1993, the City Council considered the Matter of the Appeal of Richard Mallard 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 is employed by the City as the City's only Plumber in the Public Works Department and was so assigned March 29, 1993. 2. The appellant's regular work schedule is 7:30 a.m. to 4:00 p.m., and his regular lunch period is 11:30 a.m. to 12 Noon. 3. On March 29, 1993, the appellant left his city truck parked at El Toyon Recreation Center with the doors unlocked and a ring of city keys laying on the seat. 4. At approximately 3:15 p.m. on that date the appellant was observed at Alotta's Bar and Grill at the corner of 4th and Palm, National City, seated at the bar wearing his city work uniform drinking a beer. This was witnessed by Deputy Public Works Director Terrance McAvoy. 5. The appellant had received the City's drug and alcohol policy in writing. 6. The evidence clearly and convincingly establishes that the appellant violated the following Civil Service Rules: (a) Section 802 (b) in that he neglected his duty in leaving his assigned vehicle unlocked with his facility keys exposed; and (b) Section 802 (e) in that he consumed alcohol while in a work status; and Continued on Page Three Resolution No. 93-125 Page 3 of 4 to wit: (c) Section 802 (j) in that he was absent from his duty station without authority; and (d) Section 802 (1) in that his misconduct during duty hours tends to bring discredit on the public service. 7. These violations sustain Cause for Disciplinary Action, (a) Insubordination, willful disobedience, neglect of duty or failure to obey any lawful and reasonable direction given by a supervisor. (b) Unauthorized use, consumption, posses- sion or sale of an alcoholic beverage, illegal substances or drugs while on duty. (c) Unauthorized absence without leave or failure to return from authorized leave. (d) Misconduct or any failure of good behavior during or outside of duty hours which tends to discredit the public service. 8. This particular incident is aggravated by a verbal counseling and a prior discipline and evidences a continuing pattern of failing to adhere to City rules. 9. This particular incident is mitigated in that on August 24, 1993, the Public Works Director described appellant as a dedicated and conscientious employee of over 13 years service. 10. The City Council strongly disapproves of appellant's behavior on this occasion, involving the security of City equipment, City vehicles and the use of alcohol. Continued on Page Four Resolution No. 93-125 Page 4 of 4 11. Appellant Richard Mallard has been provided reason- able notice and opportunity to respond to the charges against him. 12. All procedural requirements of the Civil Service Rules have been met. BE IT FURTHER RESOLVED that based on the above findings, and by unanimous vote, the City Council orders that the Decision of the National City Civil Service Commission is hereby modified to the following extent: That the discipline recommended by the Director of Public Works C. R. Williams be imposed, to wit: Suspension for 10 working days and reduction to Step "C" for ninety days (from August 24, 1993 through November 22, 1993); and thence, on condition he receive an overall standard performance evaluation to be elevated, to Step "D" for ninety days (from November 23, 1993 through February 18, 1994); and thence on condition he receive an overall standard performance evaluation, to be elevated to Step "E" beginning February 21, 1994. 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 31st day of August, 1993. George . Waters, Mayor ATTEST: Lofi Anne Peoples City Clerk mda Kaye Ha e Assistant City Attorney 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" IN THE MATTER OF THE APPEAL OF THE DISCIPLINE OF RICHARD MALLARD, PLUMBER. The above -captioned matter concerning the discipline of Richard Mallard as an employee with the City of National City Public Works Department came on for hearing on June 10, 1993 before the Civil Service Commission of the City of National City in the Large Conference Room of City Hall at 1243 National City Blvd., National City, CA, 91950. Richard Mallard was present and was represented by Gary D. Palmieri of NAGE R12-35 throughout the hearing. The department was represented by C. R. Williams, Director of Public Works. Serving as legal advisor to the Commission was Assistant City Attorney Linda Kaye Harter. The following members of the Commission constituted a quorum and participated in this hearing and decision: Chairperson Richard C. Hubbard, Vice Chairperson John Aguilera, Kathleen Jo Smith, Ernest H. Azhocar, and Del Redding Commissioners. 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 is employed by the City as the City's only Plumber in the Public Works Department and was so assigned March 29, 1993. 2. The appellant's regular work schedule is 7:30 a.m. to 4:00 p.m., and his regular lunch period is 11:30 a.m. to 12 Noon. 3. On March 29, 1993, the appellant left his city truck parked at El Toyon Recreation Center with the doors unlocked and a ring of city keys laying on the seat. 4. At approximately 3:15 p.m. on that date the appellant was observed at Alotta's Bar and Grill at the corner of 4th and Palm, National City, seated at the bar wearing his city work uniform drinking a beer. This was witnessed by Deputy Public Works Director Terrance McAvoy. 5. The appellant had received the City's drug and alcohol policy in writing. AN AFFIRMATIVE ACTION/CIVIL SERVICE EMPLOYER CONCLUSIONS 1. The Commission determined clearly and convincingly and by unanimous vote that the evidence establishes that the appellant violated the following Civil Service Rules: Section 802 (b) in that he neglected his duty in leaving his assigned vehicle unlocked with his facility keys exposed; and Section 802 (e) in that he consumed alcohol while in a work status; and Section 802 (j) in that he was absent from his duty station without authority; and Section 802 (1) in that his misconduct during duty hours tends to bring discredit on the public service. 2. These violations sustain the Statement of Cause for Disciplinary Action, to wit: Insubordination, willful disobedience, neglect of duty or failure to obey any lawful and reasonable direction given by a supervisor. Unauthorized use, consumption, possession or sale of an alcoholic beverage, illegal substances or drugs while on duty. Unauthorized absence without leave or failure to return from authorized leave. Misconduct or any failure of good behavior during or outside of duty hours which tends to discredit the public service. 3. This particular incident is aggravated by a verbal counseling and a prior discipline and evidences a continuing pattern of failing to adhere to City rules. 2 DECISION By unanimous vote of the Commission, the appeal of Richard Mallard is not sustained. Based on the above findings and conclusions, the Civil Service Commission by the vote indicated below does hereby determine that the disciplinary action imposed by the Planning Director Roger Post be modified to the following extent: That the discipline recommended by the Director of Public Works C. R. Williams be imposed, to wit: Suspension for 10 working days and reduction in pay to Step "C." AYES: Hubbard, Aguilera, Redding NAYES: Smith, Azhocar Recommendations The Commission recommends that the Personnel Director Roger DeFratis meet with all department heads and develop policies regarding the use, storage and handling of keys and other City property. City of National City Civil Service Commission hard C. Hubbard .E6/0'f ate ate 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."