Resolution No. 1898 •
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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.
WHEREAS, Attorney Michael B. Roger, representing Stationary
Engineers Local 39, and representing said three employees - Alton J.
Gunderson, Terry B. Guild, and Everett E. Fox, of South Tahoe Public
Utility District, dismissed by the General Manager on July 29, 1974,
and John C. Weidman, Attorney, representing South Tahoe Public Utility
District in the presence of the General Manager, Assistant General
Manager, and Directors (except Director Kortes) of South Tahoe Public
Utility District, met and conferred during a regular meeting of the Board
of Directors of the South Tahoe Public Utility District this date on Rules
of Appeal to the Board of Directors for employees dismissed by the District,
and,
WHEREAS, after said "Meet and Confer" session the Directors
considered said Rules of Appeal, and
WHEREAS, said Michael B. Roger on behalf of said Union, and on
behalf of the three employees - Alton J. Gunderson, Terry B. Guild, Everett
E. Fox, and John C. Weidman, on behalf of said District, agreed upon
the hereinafter adoption Rules of Appeal to the Board of Directors with
the exception that said Michael B. Roger, on behalf of said Union, and
on behalf of the three employees - Alton J. Gunderson, Terry B. Guild,
and Everett E. Fox, recommended that the employee have the right
alternatively either to appeal directly to the Board of Directors or have
an arbitrator hear the case, and,
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WHEREAS, The Board of Directors of the South Tahoe Public
Utility District has considered the agreements of said Michael B.
Roger and John C. Weidman during their Meet and Confer process
and the exception of Michael B. Roger referred to above.
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) The Board of Directors hereby adopts Rules of Appeal to
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the Board of Directors of South Tahoe Public Utility District for
employees heretofore and hereafter dismissed - - Section 31: -
Efficiency Ratings, or Section 34: - Separation and Disciplinary
Action of the District Personnel Ordinance as follows:
RULES OF APPEAL TO THE BOARD OF DIRECTORS - SECTION
1: - Right of Appeal:
Any employee in the competitive service shall have the right
to appeal to the District Board of Directors any dismissal alleged
in violation of the Personnel Ordinance or these Rules.
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SECTION 2: - Method of Appeal: Appeals shall be in writing,
subscribed by the appellant, and filed with the District Employee Relation
Officer who shall within 3 days after receipt of the appeal, inform
each member of the Board of Directors and such other persons or officers
named or affected by the appeal of the filing of the appeal. The appeal
shall be a written statement, addressed to the District Board of Directors,
explaining the matter appealed from and setting forth therein a statement
of the action desired by the appellant, with his reasons therefor. The
formality of a legal pleading is not required.
SECTION 3: - Notice: Upon the filing of an Appeal, the District
Employee Relation Officer shall set a date for a hearing on the Appeal not
less than ten (10) days nor more than thirty (30) days from the date of the
filing. The District Employee Relation Officer shall notify all interested
parties of the date, time and place of the hearing at such places as the
Board of Directors shall prescribe.
SECTION 4: - Hearings: The appellant shall appear personally,
unless physically unable to do so, before the Board of Directors at the
time and place of the hearing. He may be represented by any person or
attorney as he may select and may at the time of the hearing produce on
his behalf relevant oral or documentary evidence. The District management
shall state its case first, and at the conclusion the appellant shall state
his case. Rebuttal matter not repetitive may be allowed in the discretion
of the Board of Directors. Confrontation and cross - examination of witnesses
shall be permitted. The conduct and decorum of the hearing shall be under
the control of the Board of Directors, by the President, with due regard to
the rights and privileges of the parties appearing before it. Hearings need
not be conducted according to technical rules relating to evidence and
witnesses. Hearings shall be open unless the appellant, in writing,
requests a closed hearing.
SECTION 5: - Findings and Recommendations: The Board of Directors
shall, within ten days after the conclusion of the hearing, certify its findings
and decision in writing to the appellant and to the person, officer or body
from whose action the appeal was taken and the conclusions and findings
shall be based only on the evidence adduced at the hearing.
SECTION 6: - No employee shall be dismissed except for just cause.
No employee shall be dismissed for political, religious orraCia1 reasons,
or for reasons set forth in Government Code Section 3506, or in violation
of those provisions of the California Labor Code applicable to public
employees.
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Ro.ert Wakeman, President
South Tahoe Public Utility District
ATTEST:
David W. Callahan, Clerk of Board
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. 1898, 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 lst day of .AUGUST
1974, by the following vote:
AYES: Directors Wakeman, Hegarty, Ream and Fesler
NOES: None
ABSENT: Director Kortes
Aft
David W. Callahan, C erk of Board
South Tahoe Public Utility District
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