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HomeMy WebLinkAboutAgenda Report - May 17, 1989 (46)M E M 0 TO: LODI CITY COUNCIL MEMBERS FROM: RAY DA V'ENPORT DA TE. MAY 12, 1989 SUBJECT: PLACEMENT OF ITEM ON CITY COUNCIL AGENDA On May 9, 1989, the City issued a job flyer for Fire Depart- ment Battalion Chief. On May 10, 1989, 1 received a flyer from a friend. On May If, 1989, a t approximately 9:30 a.m., I hand delivered requests for the City Council to be placed on the agenda of May 17, 1989. I expressed my concern to the City Clerk and it was my un- derstanding that the two petitions would be available to you as a normal course of business on May 17, 1989. However, the City Clerk informs me that I was mistaken and the item submitted for Council consideration was not placed on the agenda because It was not tinely. Today, I talked to Mr. Peterson and although he acknowledged the subject matter he also assured me the items submitted by nr were untimely for the May 17, 1989 meeting. 1 asked Tom if perhaps they could be, brought before the council as a non acenda item and he said "no-. I asked Tom ifthey could be brought before the council as per Govt. Code 54554.2(b) the need to take action on the item arose subsequent to the agenda's being posted. His reply was l►nol► and he stated ,no, emergency situation exists." Enclosed is a format for agenda items. Mr. Peterson stated rtno format exists in printed form. Perhaps mine is out dated? It seems reasonable to nu that this small item could be in- serted or added to the agenda; since the agenda was not yet printed. :rrs I know In the past things have appeared on the agenda with very short notice and the council does often times consider non agenda or late items. The job flyer appears to have surfaced with precision timing so that I would not have any opportunity whatsoever to communi- cate with the council on May 17, 1989; except for the five minute comments by the public on non agenda items. I am sending you this fetter to request that you consider plating this petition for council consideration on May 17th, closed session or in the alternative z request you call a special meeting before May 24, 1989, which is Che day set for testing and awarding my job to another Fire Department member. I realize you have many important items on the agenda and a busy schedule. However, even though it may not be an emergency to some people these time frames andyourdecision is an emergency to nae and my family and will impact the lives of many people for years to come. Thank you. Sincerely _ Ray iavenport May 10, 1989 PETITION TO LODI CITY COUNCIL BACKGROUND The Lodi Personnel Board of Review has not been used sub- stantially in the past twenty five years and not at all for the Fire Department except for the recent hearing of the petitioner. This board is currently not in place and is the subject of extensive controversy. The City has in place with the Police and Fire Units an Ar- bitration procedure which is designed to be fair and workable to both the employer and the employee. PURPOSE The purpose of this petition .is to provide an avenue for resolution and extinguishment of a good faith grievance set in motion by City Manager Tom Peterson by his letter of termination of petitioner February 12, 1988. RATIONALE *A hearing was held where the letter of termination by City Manager Tom Peterson was never addressed. By having a closed hearing in a formal arbitration both parties will be benefited. The cloud of unfairness w f l l be lifted by having an ar- bitrator who is agreed to by both sides and the letter of ter- mination decided on the merits of the accusations - eontairied therein. The arbitration is available to other Safety members within the City. Applying arbitration to this situation under the cir- cumstances would reestablish good faith and Pair dealings to all parties, for the present and future disputes that may arise. MW An independent unbiased arbitrator will serve as a sa; ety valve and protection for emotional issues where parties become embroiled in a controversy. I estimate the hearing to take one to three days. PRAYER On May 17, 1989, I petition the City Council, the elected governing body of the City of Lodi, to grant petitioner an Arbitration Proceeding, as set fog tf, in the current Lodi Police and Fire Department Memorandum of Understanding. Petitioner's Council w i 11 be Mas tagni Chiurazzi . Ray Davenport Lodf Fire Department A YES Mayor Randy Snider Council Member Jim Pinkerton Council Member David Ninchman Council Member Fred Reid Council Member Evelyn Olson Alice Remiche May 17, 1989 City Clerk Holstedt and NOES May 10, 1989 PETITION TO LODI CITY COUNCIL. BACKGROUND The Lodi Tire Department is currently one man below Council approved manpower authorization. This situation exists because of City Manager Tan Peterson terminating petitioner February 12, 1988. PURPOSE The purpose of this petition is to request the City Council to hold the appointment in abeyance for a reasonable time. RATIONALE This position is currently held by petitioner; but for the letter of termination by City Manager Tom Peterson. Petitioner has been a faithful member of the Lodi Fire Department for twenty years and has a exemplary record. This position Battalion Chief or Ffre Shift Supervisor was established in 1983 and petTtoner -was Tn-sumental in- estab- lishing the duties and responsibilities of the position. A dfspute arose in the Fire Department with Chief Hughes as Department Head. \ Petitioner was a party to the dispute and Chief Hughes and Tom Peterson, City Manager, made a unilater.ial 'decision of which the petitioner is and has been attempting -to resolve. If the City Council would grant the petitioner an Arbitra- tion to resolve the letter of termination by City Manager, Tom Peterson the need for a new man on the position would be aser- tafned depending on the out come of the arbitration. PRAYER On May 17, 1989, 1 petition the City Council, the elected governing body of the City of Lodi to hold the appointment of Battalion Chief or Fire Shift Supervisor in abeyance for a reasonable time. The sole purpose of such abeyance would be to provide an opportunity for an arbitration to resolve and extinguish a good faith grievance advanced by the petitioner. Ray Davenport Lodi Fire Department AYES NOES Mayor Randy Snider Council Member Jim Pinkerton Council Member David Hinchman Council Member Fred Reid Council Member Evelyn Olson Alice Remiche May 17, 1989 City Clerk THE CITY OF LC`DI Invites Applications For The Position Of NW 10, 1989 ' Y M 131 s • •, SAIAM : $2812.- $3418. (Approximate monthly salary) FINAL FILING MTE: Applications must be received in the Personnel D. pt. no later than Friday, May 19, 1989. THE POSITION: Under the direction of the Fire Chief and the supervision of the Fire Administration officer in charge of operations, The Fire Battalion Chief is responsible for the supervision of all. of the personnel and operations of a fire shift, and does other rel, -ted work as required. Typical duties include but are not: limited to: assigning personnel to fire stations; planning and organizing the work of a fire shift; preparing records and reports and monthly schedules; supervising of captains and working with them to coordinate the work of a shift; administering discipline; administering training to s h i ft personnel. 8 -NIMU4 QUALIF'ICATIMS: Knowledge of: Rules, policies, and procedures governing the fire department; management principles and methods including supervision and program develognent; firefighting methods, techniques, and equipment; principles of hydraulics, location of Local water mains, fire hydrants and other firefighting facilities; local geography, including streets and buildings; principles of first aid. Skill to: Apply Fire Department rules, instructions, and firefighting methods to s cif�c situations; p gain, �n�l direct tt rk of suba�dir tes-.ccxrcrrunicate e ectively, both orally and in writing; est i and maintain effe;-- working Fe; -- relationships with department personnel, officials, and the general public. Experience: One year of experience as a Fire Captain, SELECTION PR=S: The selection process is tentative. Applicants will be notified if changes are made. Evaluation of Qualifications: Applications will be screened to determine if applicants mkt the mininom qualifications as outlined on the job announcement. Candidates meting qualifications will be invited to an assessment center. Assess Tent Center: An assessment center will be used to review the applicant's experience level and possession of the required k."iawledges, s k i 11 s, and abilities (weighted 100%) . plicants who pass the assessment center will be placed on a ranked eligible fist, The isessunt center will be held on Wednesday May 24, 1989. Z. Council Meetings - Ist & 3rd Wednesday night of eac:h:n=th. II, Agenda titles due in City Clerk's office by moon on Tuesday, eight days prior to Council meeting. IIZ. Afternoon Tuesday, eight days prior to Council meeting, draft Agenda prepared. City Clerk meets with City Manager to review draft Agenda. IV. Council Ccmm3nicatJnns ira blue folder due in City Clerk's office by noon on Wednesday, 'seven days prior to Council meeting. V. Council Caumunications checked .to see that they are mete;. that all have been received; and placed in. order as shown on Agenda. Packet imfices are Prepay- Vi. Vii, Wednesday, seven days prior to Council meeting, Council, ccmmmicaticns. reviewed with City Manager. Direction received from CiNy Manager regarding dmges, additions our deletions. VII. Morning, Thursday, six days prior to Council meeting. A11 changes reviewed with City Manager. Packet information receives final review and documents are signed by City Manages- VIII. 1:00 p.m., Thursday afternoon, six days prior to Council reeting. packet is run, collated and delivered. 3btal of 18 packets prepared - 2 Ray Davenport 23324 N DugsBiRoad Acampo, Calf" a 95220 Please consider the following facts on February 12, 1988, City Manager Tom Peterson terminated rre Prom my j o b, Since that day the following has transpired: - Never at any time have I been allowed to talk to a Judge. - I was terminated without a hearing, - 1 have not had the opportunity to call even one witness on my behalf. - The City has not proven even one charge or allegation, - I have never had the opportunity to confront the people making the accusations, Tom Peterson and Larry Hughes. - I have had never had an opportunity to defend myself. - Tom Peterson and Larry Hughes refuse to take the stand. An unbiased hearing has never been held on the merrits. Chief Hughes placed a charge of INSUBORDINATION In my file February 5, 1986. He also changed my working conditions. :" :; ,. ..,. ;, .f. ,.:,. ^;', •::'; ,.MSP cS; i ';-; :. '. This charge is LarryHughes op nlon and has never been proven or even addressed from the day Larry Hughes came to the Lodi Fire Department he has made false charges and documentation which are untrue and unproven in an effort to remove me fiom the Department. Tom Peterson hired Larry Hughes and is assisting him. Whenever an employee is off on sick leave for more than three %13) working days a doctors certificate or a personal affidavit shall be required as per the City of Lodi Administrative Policy Manual. •R.>UBORD INATI0N All employees shall obey the directions given them by their supervisors. Failure to obey shall constitute an act of insubordination . Actions by an employee towards a supervisor are classed as insubordination where those actions involve a resistance to, or a defiance of, his/her authority. Two of the most common types of insubordination are insolent or obscene language -when used to challenge a supervisors authority and the refusal to obey an order of a supervisor. The rule of "work now, grieve later" is well established and is a good one to go by to avoid charges of insubordination. • 6=Y— 3ANZ PERSONAL PROPERTY Theft of City Property or the personal property of others will be grounds for dismissal. The personal locker of each employee, the desks i n each office, file cabinets, and other areas, materials, and equipment which are significant to certain personnel shall be protected and used only by those who have authorization. No employee shall enter the locker of any other employee without the locker resident being present. Desks and files in the offices are for the use of the personnel assigned to that office. The master files are open to all personnel who have knowledge of and nead for their use. EMPLOYEE CONDUCT OUTSIDE OF WORK HOURS Due to the nature of our work there are certain standards of conduct which are necessary and must be applied when away from work. If an employees conduct away from work meets any of the following standards it could be considered for, disciplinary action. -- was it sufficiently injurious to t!ie interests of the employer. -- did the employee act in a manner incompatible with the due and faithful discharge of his/her duties. Article: C Section: 15 Subject: Employee Performance and Conduct Page = 6 response. An employee may in some instances be suspended on the spot. Such action is reserved for cases, where, for example, the employee's continued presence constitutes a clear threat to the safety of other employees, or the public. Suspension action can only be instituted by the Fire Chief and/or the City Manager; except in those cases where the employees continued presence constitutes a clear threat to the safety of others, at which time any supervisor may suspend with pay. Demotion Demotion is the removal of an employee from his/he`r present position to a lower paying position or salary step. Demotion can only be instituted by the City Manager. Discharge Discharge is the permanent removal of an employee from service. This action should only be - taken when management is thoroughly satisfied that the employee has been given every opportunity to meet performance or behavior standards and has clearly failed to do so. Discharge is seldom used for a first offense unless the violation is so serious that no other response is appropriate. Discharge can only be instituted by the City Manager. Resignation: An Alternative to Disciplinary Action Sometimes an employee -may offer to resign instead of facing disciplinary action. By doing' so, the employee loses the right to appeal. However, the inquiries from future employers regarding the reason for leaving will be answered (in most cases) by the simple statement that the employee. resigned. No employee can be compelled to resign; resignati— on must be entirely voluntary. Otherwise the employee may later claim the resignation was made— under duress and constitutes a 'constructive disc— hE.rp,e .