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HomeMy WebLinkAboutCC RESO 2000-7RESOLUTION NO. 2000-7 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AFFIRMING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF VIVIANE ELIG WHEREAS, on November 1, 1999, in National City, California, an open hearing was held by the Civil Service Commission of the City of National City upon the request of the appellant, Viviane Elig, pursuant to Government Code Section 54957, to consider her appeal of a 10-hour suspension without pay as a Police Office with the City of National City; and WHEREAS, after said open 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 decision to the appellant Viviane Elig, the appointing authority, and the City Council on November 10, 1999; 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 timely filed with the Personnel Officer after the Commission had certified its findings and decision; and WHEREAS, the Personnel Officer thereafter had a transcript of the hearing before the Civil Service Commission prepared and distributed to the members of the Council, the appellant, Viviane Elig, 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 on January 18, 2000, the City Council then considered the Matter of the Appeal of Viviane Elig in open session pursuant to her request under Government Code Section 54957, and thereafter deliberated upon said matter in closed session, made its findings and announced in open session that the appeal had been denied. Resolution No. 2000-7 Page 2 of 3 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 was whether or not the facts and circumstances surrounding the violations of the National City Civil Service Rules as described in the record of the Civil Service Hearing indicated 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 on May 26, 1999. 3. That by the testimony and exhibits admitted, substantial evidence was presented to establish that Viviane Elig on May 26, 1999, in violation of Police Department Regulation 5.0 had failed to perform at an expected level or standard in a responsible and timely manner, and that her conduct was unacceptable for an employee of her tenure, in that she failed to take appropriate action on the occasion of a crime under conditions deserving of police attention. 4. That appellant committed the acts described above, and no evidence serves to mitigate the seriousness of this violation. 5. That the nature and gravity of this violation is of the most compelling nature, requiring discipline by the Department in that appellant's performance of duty was unacceptable and therefore constitutes misconduct of substantial gravity and repetition to justify the discipline imposed. 6. That the aforementioned conduct of Viviane Elig constituted violations of the following Civil Service Rules: a) Rule VIII, Section 802(a). Violation of Department written policy and procedure. b) Rule VIII, Section 802(d). Incompetence, inefficiency or ineffectiveness in the performance of duty. 7. That appellant Viviane Elig has been provided reasonable notice and opportunity to respond to the charges against her. 8. That all procedural requirements of the Civil Service Rules have been met. Resolution No. 2000- 7 Page 3 of 3 BE IT FURTHER RESOLVED that based on the above findings, the City Council orders that the Decision of the National City Civil Service Commission be affirmed as follows: That appellant Viviane Elig be suspended without pay for ten (10) hours from her employment with the City of National City Police Department. 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. BE IT FURTHER RESOLVED that the Secretary of the Civil Service Commission shall forthwith serve a certified copy of this Resolution upon the appellant, Viviane Elig, and execute a certificate of service to be kept with the official records of the City in connection therewith attesting to the date of service. PASSED and ADOPTED this 25th day of January, 2000. At-ea.-TT, H. �Gvatersers, Mayor AI 1LST: Michael R. Dalla Cit y Clerk APPROVED AS TO FORM: /6 4; George H. $iser, III City Attorney CITY OF NATIONAL CITY CIVIL SERVICE COMMISSION Statement of Findings and Decision IN THE MATTER OF THE APPEAL OF VWVIANE J. ELIG The above captioned matter concerning the discipline of Viviane J. Elig (the "Appellant") as an employee of the City of National City came for hearing on November 1, 1999, before the Civil Service Commission of the City of National City in the Main Conference Room of City Hall at 1243 National City Blvd., National City, California 91950. Appellant's discipline is governed by the California's Public Safety Officers Procedural Bill of Rights (California Government Code Sections 3300 through 3311, inclusive) (the "Act"). In accordance with Section 3304(b) of Act the Appellant was provided the opportunity for the administrative appeal of a decision to impose punitive action (as that term is defined Section 3303 of Act) following an investigation into Appellant's conduct surrounding a series of events occurring on May 26, 1999. Appellant was present and represented by Everett L. Bobbitt, Law Office of Everett L. Bobbitt, San Diego, throughout the hearing. The City was represented by Assistant City Attorney Rudolf Hradecky. Serving as Legal Advisor to the Commission was Special Counsel Morgan L. Foley. The following members of the Commission constituted a quorum and participated in this hearing and decision: Chairperson Kathy J. Smith, Rita Heuss, and Frank Pekarek. 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, unanimously makes findings of fact as follows: FINDINGS OF FACT 1. The Appellant, is employed by the City as a Police Officer and was employed in that capacity on May 26, 1999. i EXHIBIT A 2. Substantial evidence was presented to demonstrate that Appellant violated National City Police Department Rules and Regulations Rule 5.0, Performance of Duty ("Rule 5.0"), by failing to conduct a complete investigation into the recovery of a motor vehicle, which motor vehicle was reported by San Diego Police Department to be stolen and possibly in the possession of two identified suspects residing in National City. Appellant's conduct, which occurred while on patrol on May 26, 1999, supports the charge that she violated Rule 5.0 by failing to take appropriate action on the occasion of a crime, and failing to take appropriate action under conditions deserving police attention, thereby performing below the expected level or standard commensurate with her position, training, and tenure in the Police Department. 3. The level of discipline imposed by the City of National City in dealing with Appellant's conduct described above must demonstrate that the conduct is not tolerated, and to ensure that she exercises greater care in the future. This is particularly important in light of evidence that Appellant's most recent evaluation, only one month prior to the incident of May 26, 1999, highlighted Appellant's lack of care in conducting investigations that do not appeal to her. The fact that Appellant's conduct on May 26, 1999 is consistent with the negative comments in her evaluation is a matter of due concern to the City, requiring the City to take appropriate discipline to correct such behavior. The Commission believes that suspension for a period of ten (10) hours, without pay, is appropriate under the circumstances. 4. The Appellant was provided reasonable notice and opportunity to respond to the charges against her. 5. All procedural requirements of the Act and the Civil Service Rules have been met. STATEMENT OF DECISION The Civil Service Commission finds that the conduct of Viviane J. Elig, in the Findings of Fact section of this document, constitutes unacceptable and unsatisfactory performance, in violation 2 EXHIBIT A of Rule 5.0 of the National City Police Department. The Civil Service Commission considered testimony and evidence presented by Viviane J. Elig and the City during the appeal hearing. After careful consideration, the information presented and evaluated substantially supports the City's decision to impose disciplinary action and the Civil Service Commission is satisfied that the Appellant's behavior was of sufficient gravity so as to uphold the imposition of a ten (10) hour suspension without pay. Viviane J. Elig's appeal of the Captain Short's decision of August 18, 1999 is denied. Judicial Appeal Notice to Viviane J. Elig - You may appeal this decision by filing a written request for City Council review pursuant to Civil Service Rule VIII, Section 810, a copy of which is provided herewith. This decision becomes final on the date that it is executed by the Chair of the Civil Service Commission. By: Kathy J. Snit JJ s hair;' / Civil Service 3trission 3 ate: /7 gr/if EXHIBIT A