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HomeMy WebLinkAboutReso 1994-17627RESOLUTION NO. 17627 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S STATEMENT OF REASONS FOR TERMINATION OF LYMAN CHRISTOPHER WHEREAS, on March 17, 1994, Lyman Christopher was terminated from his position as Director of Finance of the City of Chula Vista; and, WHEREAS, Lyman Christopher has, by his complaint, implicitly requested a statement of reasons for his termination under Section 500(b) of the Chula Vista City Charter. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: Section 1. That the City Council has conducted a public hearing in compliance with Section 500(b) in which it has received and filed the City Manager's written statement of the reason for such dismissal, any written reply or answer submitted by Lyreart Christopher and any other written documents submitted for the purposes of this 500(b) hearing. Section 2. The City Council finds that there has been proper compliance with Section 500(b) and that Mr. Christopher has been given proper opportunity in an open public forum to refute the charges made against him. Section 3. The City Council accepts the written statement of the reason for the dismissal prepared by the City Manager, attached hereto as Exhibit A. Section 4. The City Clerk is directed that all written documents, including the City Manager's written reasons for such dismissal, any reply of the dismissed appointee or employee, these findings and decision of the Council, and any documentary evidence used at this hearing (excising any references which may violate employee privacy rights) shall be filed with the Clerk's Office as a public record, open for inspection at any time. Section 5. It is further resolved that nothing herein contained shall be construed as in any way limiting the authority, power and decision of the City Manager to remove Mr. Christopher from his employment in the Unclassified Service of the City, That removal remains final and conclusive. Presented by J/~.G' s'l'~ City Attor ~ II '] Resolution No. 17627 Page 2 August 3, 1994 EXHIBIT A TO: FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager WRITTEN STATEMENT OF REASONS FOR DISMISSAL OF LYMAN CHRISTOPHER AS DIRECTOR OF FINANCE This written statement Of reasons for dismissal Of Lyman Christopher as Director of Finance is made pursuant to Section 500(b) of the City Charter, upon the request of Mr. Christopher. As a result of continuing concerns regarding certain management decisions made by the former Finance Director in reference to certain personnel issues within the department, as well as new complaints by employees of the Finance Department, an in-depth, fact-finding review and evaluation of activities within the department took place. This review resulted in my conclusion that Mr. Christopher had not engaged in any violation of law or City policies or procedures. However, as a result of this investigation and evaluation of these complaints, it became clear Mr. Christopher had exercised poor management judgment in handling a variety of complaints and concerns by employees in his department over a period of time. I determined that certain employees with complaints or concerns had not been effectively dealt with, that, in certain cases, longstanding interpersonal conflict within the department was not effectively addressed, that Mr. Christopher had lost the support of a large number of employees in his department, and his ability to lead was lost. As a consequence Of the information that had developed prior to and in more detail during the in-depth review of the complaints, I lost confidence in Mr. Christopher's ability to lead the Finance Department and continue as its Director. I determined it was best for the organization to exercise my right under the Charter to remove him from this position. Pursuant to Section 500(b), the Council shall fix a time and place for public hearing, at which hearing the Council has authority to investigate the facts set forth in this letter containing the reasons for Mr. Christopher's dismissal. Mr. christopher shall have the right to submit a written reply or answer to this letter, which has been sent to him. This letter, any reply, and any findings and decision, including the evidence used at the hearing are public record, open for inspection at any time. You will be advised of the time and date for hearing through additional correspondence. JDG:mab cc: Lyman Christopher Cheryl Ruffier Resolution No. 17627 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of August, 1994, by the following vote: YES: Councilmembers: Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Fox ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: BeverlTA. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17627 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of August, 1994. Executed this 23rd day of August, 1994. · Authelet, City Clerk II 1