Resolution No. 1903 .4
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RESOLUTION NO. 1903
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING
PROCEDURE FOR THE CONDUCT OF APPEAL HEARINGS
TO THE BOARD OF DIRECTORS BY ALTON J. GUNDERSON,
TERRY B. GUILD, AND EVERETT E. FOX, THE THREE
EMPLOYEES DISMISSED.
WHEREAS, subsequent to the enactment of Resolution No. 1898, A
Resolution of the Board of Directors of the South Tahoe Public Utility District
Establishing Rules of Appeal to the Board of Directors for Employees Dismissed
Under Section 31 Efficiency Ratings, or Under Section 34 - Separation and
Disciplinary Action of the District Personnel Ordinance, and Subsequent to
the enactment of Resolution No. 1902, A Resolution of the Board of Directors
of the South Tahoe Public Utility District Establishing Procedure for the
Conduct of Appeal Hearings to the Board of Directors by Employees Dismissed
Under Section 31 and Section 34, Mr. Michael B. Roger, Attorney, represent-
ing the Union - Stationary Engineers Local 39, and the three employees -
Alton J. Gunderson, Terry B. Guild, and Everett E. Fox, dismissed, and John
C. Weidman, representing the South Tahoe Public Utility District, and
through a Meet and Confer process agreed upon further procedures for hearing
appeals applicable only to the hearing of appeals for said three dismissed
employees, namely Alton J. Gunderson, Terry B. Guild, and Everett E. Fox,
and,
WHEREAS, the Board of Directors of South Tahoe Public Utility District
at a duly called Special Meeting held on August 27, 1974, 12 :00 NOON, further
considered such procedure for the hearing of said appeals for said three
employees - Alton J. Gunderson, Terry B. Guild, and Everett E. Fox,
commencing on 3 :00 P.M., August 27, 1974.
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NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors
as follows:
(1) For the purpose of the hearing on appeals to the Board of
Directors for said three employees - Alton J. Gunderson, Terry B. Guild,
and Everett E. Fox, heretofore dismissed, the following hearing procedure
hereby adopted in lieu and in view of the procedures set forth on page 3,
paragraph 4, in said Resolution No. 1902, A Resolution of the Board of
Directors of the South Tahoe Public Utility District Establishing Procedure
for the Conduct of Appeal Hearings to the Board of Directors by Employees
Dismissed Under Section 31 and Section 34.
(a) The Hearing Officer who hears the appeals of the dismissed
employees - Alton J. Gunderson, Terry B. Guild, and Everett E. Fox, for
hearing commencing Tuesday, August 27, 1974, 3 :00 P.M., shall hear
each case alone, shall prepare a proposed decision of each case alone in
such form that it may be adopted as the decision in that particular case by
the Board of Directors of South Tahoe Public Utility District. A copy of the
proposed decision shall be filed by the District as a public record and a copy
of the proposed decision in each case shall be served by the District on
each employee in each case, and his attorney. The Board of Directors itself,
may adopt the proposed decision in each case in its entirety or may reduce
the proposed penalty and adopt the balance of the proposed decision in each
case.
() If the proposed decision in any case is not adopted as provided
in Paragraph 1 above, the Board of Directors itself may decide that case upon
the record, include the transcrip, with or without taking additional evidence,
or may refer that particular case to the Hearing Officer who heard the case to
take additional evidence. If the case is so assigned to said Hearing Officer
he shall prepare a proposed decision as provided in paragraph 1 above upon
the additional evidence, and the transcrip, and other papers which are a
part of the record of the prior hearing. A copy of proposed decision shall be
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furnished to each employee whose case is affected and his Attorney as
prescribed in paragraph 1. The Board of Directors itself shall decide
no such case provided for in this subdivision of this paragraph 2, with-
out affording the employee affected, and the management of the District,
the opportunity to present either oral or written argument before the Board
of Directors itself. If additional oral evidence is introduced before the
Board of Directors itself, no Director may vote unless he heard the additional
oral evidence.
PASSED AND ADOPTED at a Special Meeting of the Board of
Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on the 27th day of
August 1974, by the following vote:
AYES: Directors Wakeman, Fesler, Kortes, Hegarty and Ream
NOES: None
ABSENT: None
K E 1L c& / t pc_0 . l�
Robert Wakeman, President
South Tahoe Public Utility District
ATTEST:
DAVID W. CALLAHAN, Clerk of Board
hrrr South Tahoe Public Utility District
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I hereby certify that the foregoing is a full, true and correct
copy of RESOLUTION NO. 1903, which was duly and regularly adopted
at a Special Meeting of the Board of Directors of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, El Dorado County, California, held on the
27th day of August 1974, by the following vote:
AYES: Directors Wakeman, Fesler, Kortes, Ream and Hegarty
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NOES: None
ABSENT: None
David W. Callahan, Clerk and Ex- Officio Sec.
South Tahoe Public Utility District
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