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HomeMy WebLinkAboutResolution No. 72660 0 RESOLUTION NO. 7266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AFFIRMING THE DECISION OF THE PERSONNEL BOARD OF THE CITY OF AZUSA OF MARCH 16, 1983, UPHOLDING THE TERMINA- TION OF ALAN ANDERSON FROM EMPLOYMENT WITH THE CITY OF AZUSA AS A POLICE OFFICER THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare as follows: A. On March 15, 1983, the Personnel Board of the City of Azusa upheld the termination of Alan Anderson from employment with the City as a police officer. A true, correct and complete copy of the findings and decision of the Personnel Board dated March 16, 1983, with respect to Mr. Anderson is attached hereto as Exhibit "A" and incorporated herein as though set forth in full. B. On March 18, 1983, Respondent Anderson, by his attorney, Edward G. Pell, filed a Notice of Appeal of the decision pursuant to Azusa Municipal Code Section 2.36.070. The trans- cript of Mr. Anderson's hearing before the Personnel Board was received by the Council on May 6, 1983. C. On May 16, 1983, and within thirty (30) days after receipt of the transcript of the hear- ing, the City Council of the City of Azusa considered the appeal of Mr. Anderson. Argument was presented by Mr. Anderson through his attorney, Edward G. Pell. D. Each member of the City Council has received and has reviewed a copy of the following documents which, collectively, constitute the Administrative Record in this proceeding: 1. Transcripts of the proceedings held by the Personnel Board with reference to the Anderson matter; and 2. Copies of all written exhibits received in evidence in the Personnel Board hearing. E. After reviewing and considering all the evidence before the Personnel Board and the transcript of the hearing before the Personnel Board and considering the arguments of the parties, the City Council of the City of Azusa hereby makes the following Findings of Fact: 1. Alan Anderson did not tell the truth on October 1, 1982, when Mr. Anderson told Sgt. Ronnie Clark of the Azusa Police Department that Mr. Anderson, as well as 0 0 other officers on the Department, were aware of the fact that Sgt. John Broderick of the Azusa Police Department had obtained coffee from business people within the City while on duty and that Sgt. John Broderick had not paid for the coffee or had paid for the coffee at half price. (a) During the conversation with Sgt. Clark on October 1, 1982, Alan Anderson's statement was not merely a hypothetical question regarding what Mr. Anderson should do if he discovered that Sgt. Broderick was taking free coffee. (b) On or before Mr. Anderson's October 1, 1982, conversation with Sgt. Clark, Mr. Anderson had no knowledge of Witness Lugenbeel's allegation that Sgt. Broderick had taken discounted food and coffee at the In -N -Out Burger. (c) On or before Mr. Anderson's October 1, 1982, conversation with Sgt. Clark, Mr. Anderson had no knowledge of the allegation of Robin Boettcher that Sgt. Broderick had taken free coffee at the Big Dipper Ice Cream Parlor. (d) On or before Mr. Anderson's October 1, 1982, conversation with Sgt. Clark, Mr. Anderson had no knowledge that Sgt. Broderick had taken free coffee at meetings with officers on his shift ("911's") nor did Mr. Anderson have sufficient knowledge to conclude that any free coffee had been obtained for these meetings. (e) On or prior to Mr. Anderson's October 1, 1982, conversation with Sgt. Clark, Mr. Anderson had no knowledge of any other occasion when Sgt. Broderick took free or discounted food or coffee. (f) On or before Mr. Anderson's October 1, 1982, conversation with Sgt. Clark, Mr. Anderson did not have sufficient knowledge to conclude that any other officers were aware that Sgt. Broderick had taken free or discounted food or coffee. 2. During the interview with Lt. Gilbert Trujillo of the Azusa Police Department on October 5, 1982, Alan Anderson did not tell the truth when he denied making the statement to Sgt. Clark on October 1, 1982, that Mr. Anderson and other officers were aware that Sgt. Broderick had taken free or discounted coffee. (a) During the interview of October 5, 1982, with Lt. Gilbert Trujillo of the Azusa Police Department, no members of the Azusa Police Department exerted any undue pressure upon Mr. Anderson. -2- (b) Mr. Anderson's failure to tell the truth in the interview of October 5, 1982, with Lt. Trujillo was not justi- fied. 3. Alan Anderson, in acting in the manner set forth in subparagraphs E.1 and E.2 of this section violated Azusa Police Department Rules No. 2 and 19. 4. The foregoing findings of Mr. Anderson's conduct justify the disciplinary action of termination. There are no mitigating circumstances justifying a lesser disci- plinary action. 5. No bad faith is found concerning the conduct of the proceedings against Mr. Anderson. 6. The evidence presented and described above as the Administrative Record sup- ports the Findings and Decision of the Personnel Board dated March 16, 1983, and the Council finds no lack of evidence in regard to the Personnel Board's decision. SECTION 2. The City Council based upon its review of the Administrative Record and arguments of the parties and the Findings of Fact set forth above, hereby affirms the Findings and Decision of the Personnel Board of the City of Azusa in the Appeal of Alan Anderson, dated March 16, 1983, and upholds the termination of Alan Anderson from employment with the City of Azusa as a police officer effective November 15, 1982. SECTION 3. Pursuant to Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 2.36.075E, Respondent Alan Anderson is hereby notified that any action to review the decision of the Council and the Personnel Board as set forth in this resolution shall be commenced not later than the ninetieth (90th) day after adoption of this resolution. SECTION 4. The City Clerk shall certify to the Adoption of this Resolution and shall forward a certified copy hereof to the Secretary of the Personnel Board, Alan Anderson, the Chief of Police and the City Administrator. 1983. ADOPTED AND APPROVED THIS 16th day of May , I hereby certify that the foregoing Resolution was duly adopted by the City of Azusa, at a regular meeting thereof held on the 16thday of May 1983, by the following vote of the Council: AYES: COUNCILMEMBERS: DECKER, HART, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE �� / ✓' ADOLPn SOLIS, City Clerk -3-