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HomeMy WebLinkAbout1994/08/23 Item 12 COUNC:IL AGENDA STATEMENT :It_ /,,2, Meetinq Date 8/23/94 ITEM T:ITLE: Public Hearing to determine City Manager's reasons for termination of Lyman Christopher pursuant to section 500(b) of the city Charter Resolution 174.2 7 accepting the city Manager's statement of reasons for termination of Lyman Christopher SUBMITTED BY: city Manager. )' ,-,'/ (4/sths Vote: Yes___ No-X-) On March 17, 1994, Lyman Christopher was dismissed from his position as Director of Finance for the City of Chula vista. Mr. Christopher has, through his complaint in litigation, argued that he has not been provided an opportunity for a "name clearing hearing" under section 500 (b) of the Chula vista City Charter. This hearing will constitute that opportunity. The City Manager's written statement of the reasons for Mr. Christopher's dismissal is attached, and was sent to Mr. Christopher and his attorney on August 4. Mr. Christopher, through his attorney, has indicated that although he does not withdraw his litigation position with respect to the "name clearing hearing", he does not intend to file a written response or otherwise participate in this hearing. RECOMMENDATION: That Council: 1. Follow the recommended order of business for conducting a "name clearing hearing" provided below. 2 . Adopt the resolution statement of reasons Christopher. accepting the city for the termination Manager's of Lyman BOARD/COMMISS:ION RECOMMENDAT:IONS: N/A DISCUSS:ION: A copy is attached of section 500(b) of the City Charter which addresses the removal of officers and employees in the City's unclassified service. Section 500 (b) gives an employee who is unclassified (a department head or other "at will" employee) that has been dismissed by the city Manager, city Attorney, or city Clerk the right to request and receive a written statement of the reason for their dismissal. Section 500(b) also provides for a public hearing to be held by the City Council regarding the requested statement of reasons for dismissal, and gives the Council the authority to investigate the truth or falsity of the reasons 1 /).-'/ Meeting Date 8/23/94 for dismissal. This type of hearing is sometimes referred to as a "name clearing" hearing because it provides an opportunity in an open public forum for dismissed employees in the unclassified service to refute charges against them. The last sentence of section 500(b) clearly indicates, however, that it shall not be construed as in any way limiting the authority and power of the City Manager to remove an employee in the unclassified service such as the former Director of Finance, and specifies that all such removals by the City Manager shall be final and conclusive. On November 19, 1993 Mr. Christopher's attorney sent a letter to the City Manager requesting a statement of the reason for his dismissal. This request was verbally suspended shortly after it was made. In his complaint in litigation, however, Mr. Christopher has alleged that the city has ignored his request for a statement of the reason for his dismissal and that the City has failed to conduct a name clearing hearing. On August 4, therefore, the City Manager sent the attached statement of reasons for Mr. Christopher's dismissal to Mr. Christopher and his attorney. As indicated in the attached letter dated August 3, 1994 from the City Manager to Mr. Christopher and his attorney, they were notified of this August 23 hearing and asked to submit any written response they wished to provide by August 16, 1994. As of August 15, neither Mr. Christopher nor his attorney had provided any written response to the city Manager's written statement of reasons for Mr. Christopher's dismissal, so staff contacted Mr. Christopher's attorney to determine whether they would be submitting any written response that should be included in the Council's packet with this agenda statement. Mr. Christopher's attorney, Ms. Cheryl RUffier, advised staff on August 16 that they will not be submitting a written response nor participating in the public hearing. If any written response is provided by Mr. Christopher prior to the packets being delivered to the city Council on August 18, it will be included in the packet after the attachments to this agenda statement. We recommend the following order of business at the hearing: 1. Open the hearing. 2. Receive into the record of the proceedings the following documents: A. August 3, 1994 letter from the city Manager to Lyman Christopher giving notice of this hearing and transmitting the statement of reasons for dismissal. B. The written statement of Reasons for Dismissal of Lyman Christopher as Director of Finance prepared by the city 2 /.2. - :2. Meetinq Date 8/23/94 Manager, dated August 3, 1994. C. This August 23, 1994 Council Agenda statement regarding this public hearing. 3. Staff Report: The dismissed employee has the right to file a written reply or answer to the charges, and that reply would be made a part of the record and of this hearing. The dismissed employee was notified of this right and of this hearing. No written reply or answer to any of the reasons for dismissal has been received by the city from Mr. Christopher or his attorney, or from any other party. No other report. 4. Public Comment. Call on any member of the public to provide evidence on this matter. 5. Council Discussion. Discussion is not required if the Council finds the City Manager's statement of reasons acceptable. 6. Close the Public Hearing. 7. Staff Recommended Action: Adopt the attached resolution. FISCAL IMPACT: N/A List of Attachments: 1. Letter to Lyman Christopher dated August 3, 1994 2. City Manager's written statement of reasons for dismissal of Lyman Christopher as Director of Finance, dated August 3, 1994 3. Copy of section 500(b) of the City Charter B:\(AGENDA)\LCl.W'P 3 /01 r :J RESOLUTION NO. /7/,;. 7 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, terminated from his Chula Vista; and on March 17, 1994, Lyman Christopher was position as Director of Finance of the city of WHEREAS, Lyman Christopher has, implicitly requested a statement of reasons under section 500(b) of the Chula vista City by his for his Charter. complaint, termination 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 Lyman 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 statement of the Manager, attached 3. The City Council reason for the dismissal hereto as Exhibit A. accepts the written prepared by the city 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. I ved as ~A form by Presented by A John D. Goss, city Manager / { Bruce M. Attorney C:\rs\lYlllan /:1. -if EXHIBIT A . August 3. 1994 FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manage~ WRITTEN STATEMENT OF REAS~ FOR DISMISSAL OF LYMAN CHRISTOPHER AS DIRECTOR OF FINANCE TO: This written statement of reasons for dismissal of Lyman Christopher as Director of Finance is made pursuant to Sect i on 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 handl ing 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, 10ng- stand i ng i nterpersona 1 conf 1 i ct wi th i n the department was not effect i ve 1 y addressed, that Mr. Chr is top her had 1 os t the support of a 1 arge 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. Chr i stopher's ab i 1 ity to lead the Finance Department and cont i nue 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 fur inspection at any time. You wi 11 be adv i sed of the time and date for hear i ng through add it i ona 1 correspondence. JDG:mab cc: Lyman Christopher Cheryl Ruffier I~-~ ~\f?, :- ~~ -: ~~......,;...... ~ .................. --- CllY OF CHULA VISTA OFFICE OF THE CITY MANAGER August 3, 1994 Lyman Christopher 5229 Adams Avenue San Diego, CA 92115 Dear Mr. Christopher: Enclosed please find my written statement of reasons for your dismissal as Director of Finance pursuant to City Charter Section 500(b). If you wish, you may respond in writing by August 16, 1994. The date for the public hearing has been set for 8/23/94 at 6:00 p.m., or as soon thereafter as the business of the City Council permits, in the City Council Chambers. Very truly yours, JDG:mab Enclosure cc: Cheryl Ruffier, Esq. Mayor and (ity Counci I l1'~ ,. D. Goss Manager I:J-t. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 919101(619) 691-5031 I I I ARTICLE v. OFFICERS AND EMPLOYEES. Sec. 500. Appointment and Removal of Officers and Department Heads. I (a) Appointment. The City Manager, City Attorney and City Clerk shall be appointed by and serve at the pleasure of the city council and shall be in the Unclassified Service. In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the Mayo~ and Council who shall be appointed by the respective officers for whom they serve. All other officers and department heads of the City and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. The City Attorney shall also appoint Assistant or Deputy City attorneys as may be authorized by the council, subject to the approval of the Council, who shall be in the Unclassified service The City Clerk may also appoint Assistant or Deputy city Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the Unclassified Service. It is further provided the City Council may, by ordinance, place Assistant and Deputy Department Heads, Assistants to the City Manager and new management level positions in the Unclassified Service by a four-fifth's vote of the Council. , I I I I I I I (b) Removal. Officers and employees in the Unclassified Service appointed by the City Council may be removed by them at any time by a majority vote of the members of the Council, and such officers and department heads in the Unclassified Service appointed by the City Manager may be removed by him at any time and, in the case of appointees in the Unclassified Service, the order of the City Councilor the city Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. Any appointee or employee in the Unclassified Service so removed by the city Manager, the city Attorney or City Clerk may, however, within five (5) days after receipt of a notice of dismissal, demand a written statement of the reason for such dismissal, a copy of which shall be forthwith filed with the City Council. Upon receipt of such written statement so furnished by the city Manager, the city Attorney or city Clerk to the City council, the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority to investigate the facts set forth in said written communication from the City Manager, the City Attorney or City Clerk containing the reason for said dismissal, and determine the truth or falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the City Manager, the City Attorney or City Clerk and file the original with the City Clerk. The dismissed appointee or employee in such cases shall have the right to file with the Council a written reply or answer to any charges filed by the city Manager, the city Attorney or the city Clerk. All written documents, including the City I I I I I I I /;1..7 I I Section 500 (continued) I Manager's, the City Attorney's or the city Clerk's written reasons for such dismissal, and the reply of the dismissed appointee or employee, the findings and decisions of the Council, and any documentary evidence used at the hearing shall be filed with the proper office of the city as public records, open for inspection at any time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of the City Manager, the City Attorney or the City Clerk to remove any appointee or employee in the Unclassified Service of the city, so appoin~ed or employed, and all such removals shall be final and conclusive. J I I I Sec. 501. Administrative Departments. I The city Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions. The City Manager shall be responsible for the organizational structure of all departments subject to the City Manager's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the City Manager is responsible. I The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each department so created shall be headed by an officer designated as department head who shall be appointed by the city Manager, subject to the approval of the City Council. Sec. 502. City Clerk: Powers and Duties. The City Clerk shall have power and be required to: (a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the city Council in books that shall bear appropriate titles and be devoted to such purpose; (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use; /2-cr _..... _'_ ~. ..........n: .~