Resolution No. 1902 ll '
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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.
WHEREAS, Attorney Michael B. Roger representing the Union 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 have through a Meet and Confer process agreed
upon procedures for hearing appeals to the Board of Directors for
employees dismissed under Section 31 and Section 34, except that said
Michael B. Roger, representing Stationary Engineers Local 39 for said
three employees - Alton J. Gunderson, Terry B. Guild, and Everett E.
Fox, recommended that the hearing officer prepare a proposed decision
to the Board of Directors similar to Section 11517 of the Government Code
of the State of California.
WHEREAS, the Board of Directors at a duly called Special Meeting
held on August 20, 1974, 4 :00 P.M., considered such procedure for
hearing, and the exception of Michael B. Roger,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors
of the South Tahoe Public Utility District, County of El Dorado, State
of California, as follows:
(1) A person who is dismissed shall be notified in writing of the
dismissal, the effective date, and a statement of the reasons therefor,
and a copy of the Rules of Appeal to the Board of Directors, if any, for
said dismissal, If the employee so requests or appeals to the Board of
Directors he shall be furnished a Bill of Particulars stating in ordinary
and concise language the acts or omissions upon which the reasons for
dismissal are based. Said Bill of Particulars shall be furnished in writing
to said employee at least seven (7) days prior to any hearing of the Board
of Directors on his or her appeal. Any new reasons for dismissal
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in said Bill of Particulars shall be deemed controverted by
the employee, and any objection thereto may be made orally at hearing
and shall be noted of record. The employee shall be afforded a reasonable
opportunity to prepare his defense to any new causes contained in the Bill
of Particulars.
(2) The Board of Directors shall order the hearing on appeals of
dismissals heard by a Hearing Officer who shall possess the education
and experience requirements for a hearing officer to hear matters pursuant
to Section 11500 et. seq., and following the Government Code of
California for Administrative adjudication, or shall be heard by a Hearing
Officer of the State of California for administrative adjudication if such a
Hearing Officer is available.
(3) The evidence and examination of witnesses at said hearing shall
be in accord with Section 11513 of the Government Code of California as
amended which are as follows:
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross - examine opposing witnesses on any matter
relevant to the issues even though that matter was not covered in the direct
examination; to impeach any witness regardless of which party first called
him to testify; and to rebut the evidence against him. If respondent does not
testify in his own behalf he may be called and examined as if under cross-
examination.
(c) The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted
per,, if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the admission of
such evidence over objection in civil actions. Heresay evidence may be used
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for the purpose of supplementing or explaining other evidence but shall
not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be effective
to the extent that they are otherwise required by statute to be recognized
at the hearing, and irrelevant and unduly repetitious evidence shall be
excluded.
(d) The hearing shall be conducted in the English language. The
proponent of any testimony to be offered by a witness who does not
proficiently speak the English language shall provide an interpreter,
approved by the hearing officer conducting the proceedings as proficient
in the English language and the language in which the witness will testify,
to serve as interpreter during the hearing. The cost of the interpreter shall
be paid by the District having jurisdiction over the matter if the hearing
officer so directs, otherwise by the party providing the interpreter. The
Office of Administrative Hearings may compile and publish a list of
interpreters known to be proficient in various languages. Any person
whose name appears upon such a list shall be deemed to be approved by
the hearing officer hearing the case.
(4) Said hearing officer shall preside over the hearing of the
employee on appeal to the Board of Directors and shall be present during
consideration of the case and if requested, shall assist and advise the
Board of Directors in its consideration of the employees appeal. No
member of the Board of Directors who did not hear the entire evidence
shall vote on the decision of appeal.
(5) The appeal hearing shall be reported by an official court
reporter.
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(6) The District shall pay all of the costs and expenses for said
hearing officer and shall pay for said official court reporter.
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Robert Wakeman, President
South Tahoe Public Utility District
ATTEST:
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David W. Callahan, Clerk of Board
South Tahoe Public Utility District
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*or
I hereby certify that the foregoing is a full, true and correct
copy of RESOLUTION NO. 1902, which was duly and regularly
adopted at a meeting of the Board of Directors of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT, El Dorado County, California, held on the
20th day of August 1974, 4:00 P.M., by the following vote:
AYES: Directors Wakeman, Kortes and Ream
NOES: None
ABSENT: Directors Fester and Hegarty
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` David W. Callahan, Clerk of Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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