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HomeMy WebLinkAbout1991/08/01 Civil Service Commission Minutes CIVIL SERVICE COMMISSION City of Chula Vista MINUTES OF SAMUEL ROLLER HEARING OF AN APPEAL OF TERMINATION . Thursday, August 1, 1991 5:00 p.m. Council Conference Room City Hall Building Items were addressed out of order from the agenda but are reflected below in the order of the agenda. All items on the agenda were covered. The meeting was called to order at 5:09 p.m. by the Acting Chair, Commissioner Oscar Vogel 1. CALL THE ROLL Commissioners Jimenez _, Vogel ---2L, Crouse ---2L, Berry _, Boerner ---2L. ALSO IN ATTENDANCE: DRAFT Sam Roller, Appellant Sam Roller in the capacity as Counsel for Appellant Candy Boshell, Director of Personnel Melody Kessler, Assistant Director of Personnel Cliff Swanson, Deputy Director Public Works/City Engineer Samir Nuhaily, Associate Civil Engineer John Lippitt, Director of Public Works Ruth Fritsch, Assistant City Attorney, Counsel for Department 2. . Approval of Minutes of June 13, 1991 regarding the hearing of the appeal of Mr. Samuel Roller's termination of employment from the City of Chula Vista. (Mr. Roller was not in attendance, and a continuation was granted to Thursday, August 1, 1991.) Approval of Minutes to be continued at the next meeting of the Civil Service Commission. 3. Approval of the Proposed Final Decision, Findings and Notice of the discipline appeal hearings of March 7, 1991 and May 8, 1991 regarding Mr. Samuel Roller. MSC (Crouse/Boerner) 3-0 to approve the final findings of March 7 and May 8, 1991. Acting Chair, Commissioner Vogel, signed the Findings and Order upholding the discipline imposed by the Engineering Department on January 18, 1991. A copy was presented to Mr. Roller by Melody Kessler. 4. Hearing of the appeal of Mr. Samuel Roller's termination of employment from the City of Chula Vista. Ruth Fritsch, Assistant City Attorney, presented Exhibits 1-12 into evidence. Mr. Roller requested a closed hearing due to the fact that "testimony of one witness may influence the testimony of another." Rich Rudolf, Assistant City Attorney, advised the Commission that the Brown Act allows the Commission to hold a closed hearing if so desired. . MSC (Boerner/Crouse) 3-0 to close the hearing to witnesses except for any testimony. CIVIL SERVICE COMMISSION Termination Appeal Hearing . Samuel Roller Pg.2 Witnesses John P. Lippitt, Director of Public Works and Samir Nuhaily, Associate Civil Engineer, were excused. Ruth Fritsch requested that her Exhibit 2 be withdrawn because it had been placed into evidence at the previous disciplinary hearing of Mr. Samuel Roller. Exhibit 2 was withdrawn. Ruth Fritsch called Samir Nuhaily, Associate Civil Engineer, as the first witness. Mr. Nuhaily was sworn in and testified. Mr. Roller cross examined Mr. Nuhaily. Mr. Nuhaily was then excused. Ruth Fritsch called John P. Lippitt, Director of Public Works, as the second witness. Mr. Lippitt was sworn in and testified. Mr. Roller cross examined Mr. Lippitt. Mr. Lippitt was then excused. Commissioners called for a recess at 6:15 p.m. The hearing resumed at 6:25 p.m. Samuel Roller was sworn in and testified. Mr. Roller asked the Commission to overturn the City's decision to terminate him. He felt that the action was "overly harsh". He proceeded to discuss continuing health problems and that he would like employment reinstatement and permission to submit a long term disability claim for "work-related injuries". . Ruth Fritsch objected to this request stating that the issues should be confined to the purpose of the hearing--the appropriateness of the disciplinary action of termination of employment. She stated that this is not a workers compensation hearing. The Commissioners agreed and requested that only issues surrounding the termination of employment should be discussed. Mr. Roller continued to state his case. He handed out exhibits to the Commission. He then presented his closing statement stating that the disciplinary action imposed was "completely inappropriate". Ruth Fritsch cross examined Mr. Roller. MSC (Crouse/Boerner) 3-0 to uphold the City's disciplinary action of termination of employment. Mr. Roller's appeal was denied. Ruth Fritsch presented a final findings document to the Acting Chair, Commissioner Vogel, to sign. This document is a summary of the issues justifying the City's disciplinary action imposed upon Mr. Roller and states the decision of the Civil Service Commission to deny the appeal. The Commissioners discussed several issues covered in this document and requested that a corrected document be prepared for signature. MSC (Crouse/Boerner) 3-0 to approve the final findings as corrected. Commissioner Vogel signed the Findings and Order upholding the termination of Mr. Roller. A copy was presented to Mr. Roller. MSC (Crouse/Boerner) 3-0 to adjourn to the next regular meeting of August 8, 1991. . AJ ~ ,~V Donna Toledo, Support to the Commission k\MINUTES\HEARING.SR