Resolution No. 4888330
RESOLUTION NO. 4888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF
THE HEARING OFFICER IN CONNECTION WITH AN APPEAL OF A
PERSONNEL DISCIPLINARY ACTION.
WHEREAS, the City of Cypress has in effect established Rules and
Regulations setting forth in detail procedures to administer fair and equitable
systems of personnel management in the municipal service that are applicable
to employees in the competitive service of the City;
WHEREAS, the Rules and Regulations include personnel disciplinary
actions to consist of counseling, oral reprimand, written reprimand, suspension,
demotion and discharge;
WHEREAS, the Rules and Regulations provide, after an employee's pre -
disciplinary meeting, the right of an employee in the competitive service to
appeal to the City Council any imposed disciplinary action, except to the extent
that such appeals are specifically prohibited by the City Code or by the Rules
and Regulations;
WHEREAS, the Rules and Regulations provide that the City Council may
hear the appeal itself or designate a Hearing Officer to take evidence and
prepare a proposed decision;
WHEREAS, the findings, conclusions and recommendation of the Hearing
Officer, dated December 30, 1997, have been received by the City Council on an
appeal of a personnel disciplinary action by Stephen P. Spernak;
NOW, THEREFORE, BE IT RESOLVED that the City Council has fully
reviewed the Hearing Officer's findings, conclusion and recommendation, and
finds and determines there is substantial evidence from the record of proceeding
before the Hearing Officer to sustain the recommendation contained herein, and
concludes that no further evidentiary by the Hearing Officer or City Council is
necessary; and,
BE IT FURTHER RESOLVED that the City Council, in accordance with
the Rules and Regulations, hereby adopts and certifies the Hearing Officer's
findings, conclusions and recommended decision as its own, and concludes that
the disciplinary action shall stand as administered effective April 28, 1996, and
that the appeal is hereby dismissed.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 12th day of January, 1998.
ATTEST:
M R/OF J CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of
the said City Council held on the 12th day of January, 1998; by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Caro and Keenan, e
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL M JEERS : None
CITYCLERK OF THE CITY OF CYPRESS