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HomeMy WebLinkAboutResolution No. 68460 0 RESOLUTION NO. 6846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONFIRMING AND APPROVING THE ACTION OF THE DIRECTOR OF COMMUNITY SERVICES IN TERMINATING THE EMPLOYMENT OF A LIMITED TERM EMPLOYEE, SHARON CARTER, PROJECT DIRECTOR, SENIOR CITIZENS PROGRAM WHEREAS, the City of Azusa conducts a Senior Citizens Program which is funded by a federal grant under the Older Americans Act of 1965, as amended. Said Act is administered through the State of California and the County of Los Angeles Agency on Aging; WHEREAS, on March 27, 1978, Sharon Carter was employed by the City as a limited term employee in the position, Project Director of the Senior Citizens Program; WHEREAS, on August 27, 1979, the City's Director of Community Services gave written notice to Sharon Carter of his intention to terminate her employment as Project Director, Azusa Senior Citizens Program, effective September 4, 1979. Said notice also set forth the reasons for the proposed termination and invited Sharon Carter to respond either orally or in writing to the statements made in the notice of intent to terminate employment. In said notice, the Director of Community Services also offered to meet with Sharon Carter to discuss the matter on or prior to August 31, 1979. WHEREAS, Sharon Carter through legal counsel responded to the Director of Community Services' notice by a letter dated August 29, 1979; WHEREAS, a meeting was held between Sharon Carter and the City's Director of Community Services on August 30, 1979, at which time Ms. Carter asked for another chance to remain in her position, but made no response to the state- ments made by the Director of Community Services in his letter of August 27, 1979; WHEREAS, by letter dated August 31, 1979, the City's Director of Community Services terminated Sharon Carter from the position of Project Director Senior Citizens Services, effective September 4, 1979; WHEREAS, although no appeal procedure is provided for in the City of Azusa Civil Service Rules for the termination of a limited -term employee, the Director of Community Services in his termination letter of August 31, 1979, provided an opportunity to Sharon Carter to appeal the termination decision to the City Council; WHEREAS, by letter dated September 6, 1979, from legal counsel for Sharon Carter, an appeal of the termination decision was made with a request for a hearing before the City Council; 11 0 WHEREAS, on Tuesday, September 25, 1979, after 7:30 p.m. the City Council conducted a hearing on the issue of the termination of Sharon Carter as Project Director Azusa Senior Citizens Program. Sharon Carter, through her legal counsel, submitted documents in evidence and it was agreed that the entire record including all memoranda and corres- pondence related to this matter including the personnel file of Sharon Carter would be considered evidence at that proceeding. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA HEREBY RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. That after receipt and consideration of the evidence presented to the City Council at its hearing conducted on the appeal from termination of Sharon Carter as Project Director Azusa Senior Citizens Program by the Director of Community Services the City Council makes the following findings: 1. The City of Azusa position, Project Director Senior Citizens Program is a position funded by a federal grant under the Older Americans Act of 1965, as amended. 2. In the early part of 1978 the City issued through the office of the Personnel Board a notice of employment opportunity to recruit a Project Director for the Senior Citizen Nutrition and Social Services Program. Said employment opportunity notice included a note that the position is funded through the Los Angeles County Agency on Aging and was currently funded through June 30, 1978, with excellent probability of funding being extended an additional year. 3. A limited -term appointment within City of Azusa employment is defined under the Civil Service Rules at Section 12.05(c) as follows: "(c) Limited - Term Limited Term appointments may be made: (1) To a position not in the classified service for a period not in excess of ninety working days when services are required for a special job or project. (2) To fill temporary vacancies resulting from classified employees on authorized leave of absence. Such limited term appointment shall be for the period of absence of the classified employee. (3) For special projects or positions funded through non -City sources, subject to the hiring regulations of the funding agency. All procedures for appointments under such programs, including benefits, shall be determined on the basis of the rules of the funding agency. -2- L U Service rendered under limited term appointments shall not count towards completion of a probationary period. Credit shall not be allowed for limited term service in an open, competitive or promotional examination. See Rule 12.05(b), 113." 4. On March 27, 1978, Sharon Carter was employed by the City as a limited -term employee in the position of Project Director Senior Citizen Nutrition and Social Services Program. 5. During her employment as Project Director Senior Citizens Program, Sharon Carter evidenced an inability to follow directions and established procedures set forth by her supervisors including the Director of Community Services. 6. In July of 1979, a dispute arose between Sharon Carter and the City's Director of Community Services regarding Civil Service status of the position, Project Director Senior Citizens Program. Sharon Carter contended that the position should be entitled to Civil Service benefits and if not should be reclassified to establish such entitle- ment. The Director of Community Services maintained the position that the Project Director position was a limited - term appointment and that under the provisions of the Civil Service Rules all procedures for appointment, including benefits, must be determined on the basis of the rules of the funding agency. The Community Services Director also informed Sharon Carter that the Personnel Rules and Regula- tions apply to classified employees only. 7. Being dissatisfied with the response she received from the Community Services Director, Sharon Carter next took her request for a reclassification of her position to the City Council which request was presented at the City Council meeting of July 16, 1979. The City Council referred the matter to the City Attorney for opinion and an opinion was provided to the Citv Council by letter from the City Attorney dated July 31, 1979. 8. At their meeting of August 6, 1979, the City Council confirmed the determination of the Director of Community Services in finding that the position of Project Director Senior Citizens Program was a limited term appoint- ment and not entitled to Civil Service benefits. 9. On August 27, 1979, the Director of Community Services by letter notified Sharon Carter of his intention to terminate her employment as Project Director Azusa Senior Citizens Programs effective Tuesday, September 4, 1979. The reasons stated by the Director of Community Services for the termination were: Ms. Carter's inability to follow directions and established procedures set forth by her supervisors and the Director of Community Services; unsatisfactory job performance relating to the preparation of the departmental budget and Ms. Carter's inability to meet deadlines; Ms. Carter's unsatisfactory working relation- ship with the Staff of the Community Service Department and -3- 0 0 with agencies outside the City including the Azusa Adult Education Program; unprofessional and insubordinate conduct relating to Ms. Carter's statements and threats in response to directions or decisions of the Director of Community Services; Ms. Carter's unauthorized and unfounded statements to the newspapers regarding her employment status with the City; Ms. Carter's statements and threats concerning intended contacts with the Los Angeles County Agency on Aging without authorization from her immediate supervisor or the Director of Community Services; and Ms. Carter's inflexible, uncoopera- tive, argumentative and hostile attitude with the Director of Community Services. 10. The Director of Community Services in his letter of August 27, 1979, invited Sharon Carter to respond orally or in writing to any of the statements made in said letter on or before August 31, 1979. Said letter also suggested that a personal meeting could be arranged between Sharon Carter and the Director of Community Services to discuss the matter. 11. By letter dated August 29, 1979, from Sharon Carter's legal counsel, she responded to the notice of intent to terminate. 12. On August 30, 1979, Sharon Carter and the Director of Community Services met and discussed the proposed termination at which time Sharon Carter requested another chance to remain in her position, but made no response to the charges made in the Director of Community Servicesq letter of August 27, 1979. 13. By letter dated August 31, 1979, the Director of Community Services terminated Sharon Carter as Project Director Azusa Senior Citizens Program effective September 4, 1979. 14. Although no appeal was provided for in the Civil Service Rules for the termination of a limited term employee, the termination letter of August 31, 1979, from the Director of Community Services set forth a procedure for appeal of his decision to the City Council. 15. On September 6, 1979, through a letter from Sharon Carter's attorney, an appeal was made from the decision to terminate Sharon Carter. On September 25, 1979, a hearing was held before the City Council for the purpose of considering the evidence relating to the termination of Sharon Carter. SECTION 2. Based upon the foregoing findings of fact, it is the determination of the City Council that the termination of Sharon Carter as Project Director Azusa Senior Citizens Program by the Director of Community Services was within the proper scope and authority of the Director of Community Services and said action is hereby confirmed and approved. -4- SECTION 3. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 15th day of October , 1979. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk, of the City of Azusa, do hereby certify that the foregoing Resolution No. 6846 was regularly adopted at a regular meeting of the City Council on the 15th day of October 1979, by the following vote, to wit: AYES: Councilmen: Decker, Fry, Solem NOES: Councilmen: Cruz, Moses ABSENT: Councilmen: None ) C Y `CLERK -5-