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HomeMy WebLinkAboutCC RESO 93-133RESOLUTION NO. 93-133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF WILLIAM RUDERSHAUSEN WHEREAS, on June 22, 24 and 30, and July 6, 1993, in National City California, a closed hearing was held by the Civil Service Commission of the City of National City, to consider the appeal of William Rudershausen of the termination of his position as a police officer with the City of National City, effective October 10, 1992; 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 William Rudershausen, the appointing authority, and the City Council on July 8, 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; to wit, the appellant William Rudershausen by and through his attorney Everett Bobbitt appealed the written decision of the Civil Service Commission in a letter dated July 12, 1993; 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 William Rudershausen 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 Continued on Page Two Resolution No. 93-133 Page 2 of 5 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 September 7, 1993, the City Council considered the Matter of the Appeal of William Rudershausen 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. That the only issue before the City Council is whether or not the facts and circumstances surrounding the violations of the National City Civil Service Rules and National City Police Department Rules as described in the record of the Civil Service Hearing indicate that the decision of the Civil Service Commission should be affirmed, revoked or modified. 2. That appellant was employed by the City as a police officer with the National City Police Department from December 4, 1982 until his termination on October 10, 1992. 3. That by the evidence admitted and appellant's own admission, he observed a fellow police officer commit an illegal act, to wit, Officer George Hart smoked crack cocaine in his presence. 4. That thereafter appellant failed to make appropriate enforcement action and failed to take appropriate corrective action. 5. That appellant failed to properly dispose of impounded property, an AK-47 rifle. 6. That thereafter appellant did make false entries into official documents for the purpose of illegally diverting the impounded weapon from lawful custody. Continued on Page Three Resolution No. 93-133 Page 3 of 5 7. That by the evidence admitted and by appellant's own admission he did knowingly tell a lie during an official investigation of a felony crime being conducted by another law enforcement agency, to wit, the Office of the District Attorney. 8. That appellant did lie in order to hinder the District Attorney's investigation against a co-worker. 9. That in September 1991, appellant received substantial formal discipline, a suspension of 240 hours, for another incident wherein he was determined to have violated the same rules and regulations as were violated in this incident. 10. That after the September 1991 discipline, appellant was advised in writing by Chief Stan Knee that "should any similar offenses occur, ... there is a strong probability that termination will result." 11. That appellant intentionally committed all of the acts described above, and there is no evidence to mitigate the seriousness of these violations. 12. That the nature and gravity of these violations is of the most compelling nature, requiring the most serious discipline by the Department in that appellant's behavior on this occasion was inexcusable, and constitutes gross misconduct. 13. That the aforementioned conduct of William Rudershausen constituted violations of the following Civil Service Rules: 1. Rule VIII, Section 802(a). Violation of or failure to adhere to City or department written policies and procedure, Civil Service Rules, Council Ordinances and Resolutions, or applicable law. 2. Rule VIII, Section 802(d). Incompetence, inefficiency or ineffectiveness in the performance of duty. 3. Rule VIII, Section 802(h). Failure to perform at expected level or standard in a responsible and timely manner. Continued on Page Four Resolution No. 93-133 Page 4 of 5 14. That the aforementioned conduct of William Rudershausen constituted violations of the following National City Police Department Rules and Regulations: 1. Section 1.2.A. General Duties. 2. Section 1.3. Obedience to Rules. 3. Section 2.0. Informing Superiors. 4. Section 2.3. Truthfulness. 5. Section 2.6. False or Misleading Reports or Entries. 6. Section 4.2. Cooperation with Other Agencies. 7. Section 4.9. Conduct Unbecoming an Officer. 8. Section 5.0. Performance of Duty. 9. Section 5.1. Knowledge of Laws and Regulations. 10. Section 6.2. Impartial Attitude. 11. Section 7.1. Processing Property. 15. That appellant William Rudershausen has been provided reasonable notice and opportunity to respond to the charges against him. 16. That all procedural requirements of the Civil Service Rules have been met. BE IT FURTHER RESOLVED that based on the above findings, the City Council orders that Decision of the National City Civil Service Commission is affirmed as follows: That appellant William Rudershausen be terminated from employment with the City of National City Police Department effective October 10, 1992. Continued on Page Five Resolution No. 93-133 Page 5 of 5 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 7th day of September, 1993. George H. Waters, Mayor ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III 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 TERMINATION OF WILLIAM RUDERSHAUSEN, POLICE OFFICER The above -captioned matter concerning the discipline of William Rudershausen as an employee with the City of National City Police Department came on for hearing on June 22, June 24, June 30, and concluded on July 6, 1993 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, California 91950. William Rudershausen was present and was represented by Everett Bobbitt, Attorney At Law, throughout the hearing. The City and the Police Department was represented by Linda K. Harter, Assistant City Attorney. Serving as Legal Advisor to the Commission was Honorable Judge William T. Low (retired). The following members of the Commission constituted a quorum and participated in this hearing and decision: Chairperson Richard C. Hubbard, Vice Chairperson John A. Aguilera, Commissioners Ernest H. Azhocar, Kathleen Jo Smith, and Delbert Redding. The Civil Service Commission heard 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 from December 4, 1982 until his termination on October 10, 1992. 2. The Appellant did witness an illegal act committed by another police officer and failed to take appropriate enforcement or corrective action. The illegal act witnessed was Officer George Hart smoking crack cocaine. 3. The Appellant did improperly dispose impounded property. The impounded property was an AK-47 Rifle. AN AFFIRMATIVE ACTION/CIVIL SERVICE EMPLOYER 4. The Appellant did make false entries into official documents for the purpose of illegally diverting an impounded weapon from lawful custody. 5. The Appellant did knowingly tell a lie during an official investigation of a felony crime being conducted by another law enforcement agency in order to hinder the District Attorneys Investigation against a co-worker. 6. The Commission, by unanimous vote, determined that all allegations were proven. STATEMENT OF DECISION Based on the above findings of the Civil Service Commission by the vote indicated below does hereby determine that the action of the Chief of Police to terminate from employment Mr. William Rudershausen effective October 10, 1992 is sustained. AYES: Hubbard, Smith, Redding NAYES: Azhocar, Aguilera RECOMMENDATIONS The Commission recommends that the National City Police Department not participate in multi - jurisdictional collaborative units which are not properly controlled or supervised. The Commission also recommends that the National City Chief of Police review the internal procedures for property and evidence control. City of National City Civil Service Commission Ia r RD C. HUBBARD, Chairperson 8/993 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 chA11 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."