HomeMy WebLinkAboutCC RESO 2001 - 82RESOLUTION NO. 2001 -82
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 RICHARD J. EDWORDS
WHEREAS, on March 7, 2001, in National City, California, a closed hearing
was held by the Civil Service Commission of the City of National City upon the request of the
appellant, Richard J. Edwords, pursuant to Government Code Section 54957, to consider his
appeal of a demotion from Fire Engineer to Firefighter with the City of National City; 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 decision to
the appellant Richard J. Edwords, the appointing authority, and the City Council on March 22,
2001; 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 fmdings 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, 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 May 22, 2001, the City Council then
considered the Matter of the Appeal of Richard J. Edwords in open session pursuant to the
request of his representative, Thomas Gill, Esq. under Government Code Section 54957, and
thereafter deliberated upon said matter in closed session, made its findings and hereby
announces through adoption of this Resolution in open session that the appeal has been denied.
Resolution No. 2001 — 82
June 5, 2001
Page 2
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 Fire Engineer with the
National City Police Department.
3. That by the testimony and exhibits admitted, and the rulings of the Civil
Service Commission, substantial evidence established that Richard J. Edwords, in violation of
Department Regulations, had failed to perform at an expected level or standard in a responsible
and timely manner, and that his conduct was unacceptable for an employee of his tenure.
3. That appellant committed the acts described above, and no evidence
mitigates the seriousness of the violations.
4. That the nature and gravity of the violations 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.
5. That the aforementioned conduct of Richard J. Edwords 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.
c) Rule VIII, Section 802(h). Failure to perform at expected level or
standard in a responsible and timely manner
7. That appellant Richard J. Edwords has been provided reasonable notice and
opportunity to respond to the charges against him.
8. That all procedural and substantive requirements of the Civil Service Rules
and National City Municipal Code Section 3.28.020 have been met.
Resolution No. 2001 — 82
June 5, 2001
Page 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 Richard J. Edwords be demoted from the position of
Fire Engineer to Firefighter from his employment with the City of
National City Fire 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, and shall
commence to run from the date this notice of decision is mailed to him.
BE IT FURTHER RESOLVED that the Secretary of the Civil Service
Commission shall forthwith serve a certified copy of this Resolution upon the appellant, Richard
J. Edwords, 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 5th day of June, 2001.
ATTEST:
A
Mic u : el R. Da la, l ity Clerk
APPROVED AS TO FORM:
1-4 in lam:
George H. Eiser, III
City Attorney
George HPAlaters, Mayor