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HomeMy WebLinkAboutCC RESO 95-117RESOLUTION NO. 95-117 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 ERIC HANSON WHEREAS, on April 19, 26 and 27, 1995 and May 11, 1995 in the City Council Chambers of the City of National City, 1243 National City Boulevard, National City, California, an open hearing was held by the Civil Service Commission of the City of National City, to consider the appeal of Eric Hanson regarding his reduction in salary effective January 17, 1995; and WHEREAS, after said hearing, the Civil Service Commission deliberated in private and thereafter rendered a unanimous written decision containing its FINDINGS and DECISION; and WHEREAS, the Civil Service Commission certified its findings and decision to the appellant Eric Hanson, the appointing authority, and the City Council on May 15, 1995; 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 after the Commission had certified its findings and decision; to wit, on May 31, 1995 the appellant Eric Hanson by and through his attorney Douglas D. Holthaus 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, 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 Resolution No. 95-117 Page 2 of 3 WHEREAS, at its regular meeting on July 25, 1995, the City Council considered the Matter of the Appeal of Eric Hanson 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. At all relevant times the City had in full force and effect a written policy prohibiting sexual harassment in the work place. Appellant was aware of the policy and had received training with regard to the policy prior to November, 1994. 2. In or about November, 1994, Appellant distributed in the work place at the office of the Personnel Director, the office of the City Clerk, and, by posting, at the fire station a copy of Exhibit 5 to Document 2, a newsletter entitled "Hot Seat" dated November 2, 1994. 3. The contents of the "Hot Seat" included statements of a sexually harassing nature, offensive to the reasonable woman in the work place. 4. At the time that Appellant distributed the "Hot Seat" he knew that the "Hot Seat" contained material which women in the work place might reasonably find to be offensive. 5. Whether or not an employee union has a constitutional right to publish a newsletter containing material offensive to reasonable women in the work place, the Appellant is not protected by any constitutional, statutory or other privilege belonging to him or to the union to distribute in the work place sexually harassing material. 6. Appellant was directed by a superior officer to participate in an investigatory interview. Appellant reasonably believed that discipline could result from the interview. When an employee reasonably believes that discipline may result from an investigatory interview, the employee is entitled to representation by his union representative. 7. Under the facts as presented, the Appellant was entitled to representation at his investigatory interview and was entitled to refuse to respond in the interview until such time as his representative could be present. Resolution No. 95-117 Page 3 of 3 BE IT FURTHER RESOLVED that based on the above findings, the City Council orders that the May 15, 1995 Decision of the National City Civil Service Commission is hereby affirmed as modified, to wit: 1. The Appellant violated the sexual harassment policy of the City of National City. A verbal reprimand shall be issued to the Appellant. No record of the reprimand shall be placed in the Appellant's personnel file. The pay of the Appellant shall be reduced from pay step E to pay step D for a period of six (6) months. The Appellant shall attend and complete sexual harassment training on his own time and at his own expense which shall include no fewer than eight (8) hours of such training. Such training shall be provided within 180 days of the date hereof by a trainer to be determined by the Director of Personnel. The trainer shall not be an employee of the City of National City. The Appellant was not insubordinate, nor did he otherwise fail to obey any lawful and reasonable direction given by his supervisor. 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 25th day of July, 1995. George . Waters, Mayor ATTEST: Lori Anne Peoples City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney