19790424 Regular City Council Meeting - Minutes
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MINUTES OF AN ADJOURNED MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON,
HELD APRIL 24, 1979, AT FOUR O'CLOCK,
P . M., IN THE COUNCIL CHAMBER OF THE
CITY HALL, LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
COUNCIL PRESENT: Gonzales, Ybarra, Kaeser, Malburg
COUNCIL ABSENT: McCormick
The meeting was called to order by Mayor Malburg.
Hearing to consider discipline against Michael Farrier,
Dean White, Ron Hedlund, Frank Claunch, Ron Cummings, Ron
Beaver and Robert Rosprim, officials and members of Vernon
Fire Fighters, Local 2312, for violation of Section 1962 of
the Labor Code of the State of California and City of Vernon
Resolution No. 4027, scheduled for 4:00 o'clock, p.m., April
24, 1979.
Dean White requested that the hearing be delayed, due to
the illness of Richard Shinee, attorney for the officials and
members of Vernon Fire Fighters, Local 2312.
Mayor Malburg requested the City Attorney to express an
opinion as to the propriety of the request.
The City Attorney responded that in his research and dis-
cussion of theis matter with Richard Whitmore, Special Counsel,
they had reached the conclusion that since all seven affected
employees were probationary employees, that a hearing was not
necessary, and that it was at the discretion of the City Council
whether they wished to hold a hearing. Mr. Brearley further
stated that he could not understand the lack of legal represent-
ation fromthe firm of Lewis and Marenstein, since Mr. Shinee is
but one of sixteen attorneys employed by the firm.
At this time, 4:32 o'clock, p.m., it was moved by Ybarra,
seconded by Kaeser, that the City Council go into executive session
under Section 54957 of the Government Code. Motion carried.
All persons, with the exception of the City Administrator
and the City Attorney were excluded from the executive session.
Mayor Malburg ordered all communications to-and from the
executive session were deemed private.
At this time, 4:35 o'clock, p.m., it was moved by Gonzales,
seconded by Ybarra, that the City Council go out of executive
session and resume regular session. MOtion carried.
It was moved by Ybarra, seconded by Kaeser that the hearings
for the seven employees concerned by denied. Motion carried.
It was moved by Kaeser, seconded by Gonzales, that the recom-
mendation of Bruce V. Malkenhorst, City Administrator, that Michael
Farrier be terminated, be adopted. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that recom-
medation of Bruce V. Malkenhorst, City Administrator, to terminate
Ron Beaver, be adopted. Motion carried.
It was moved by Kaeser, seconded by Ybarra, that the recom-
mendation of Bruce V. Malkenhorst, City Administrator, to terminate
Ron Cummings, be adopted. Motion carried.
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It was moved by Gonzales, seconded by Kaeser, that the re-
commendation of Bruce V. Malkenhorst, City Administrator, to
terminate Robert Rosprim, be adopted. Motion carried.
It was moved by Kaeser, seconded by Gonzales, that the recom-
mendation of Bruce V. Malkenhorst, City Administrator, to terminate
Dean White, be adopted. Motion carried.
It was moved by Kaeser, seconded by Ybarra, that the recom-
mendation of Bruce V. Malkenhorst, City Administrator, that Frank
Claunch be returned to duty. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the re-
commendation of Bruce V. Malkenhorst, City Administrator, to
terminate Ron Hedlund, be adopted. Motion carried.
It was moved by Kaeser, seconded by Ybarra, that the recom-
mendation of Bruce V. Malkenhorst, City Administrator, that sus-
pension of Frank Claunch from April 6, 1979 until April 24, 1979,
be the discipline for the activities that Frank Claunch took
during the strike, and that he be returned to duty on his next
scheduled shift, be adopted. Motion carried.
The Mayor announced that this was the time for the hearing in
the matter to consider the recommendation to revoke recognition of
Vernon Fire Fighters Association, Local #2312, which heretofore had
been continued to 5:30 o'clock, p.m., this date, or at the conclu-
sion of the consideration of the recommendation to discipline of
the seven firemen, scheduled for 4:00 o'clock, p.m., whichever event
occurred first.
At 4:50 o'clock, p.m., the City of Vernon was represented by
David B. Brearley, the City Attorney. For the Vernon Fire Fighters
Local 2312, no representative was present. Rosemarie S. Treher was
present as a Certified Shorthand Reporter to record the proceedings
for reduction to a transcript.
The City Attorney recommended that the hearing be closed, but
that Local 2312 be allowed an opportunity to submit any written
declarations they wish to submit in respect to the issue and have
those declarations submitted on or before Friday, and to continue
this matter to Monday, April 30, 1979, at 4:00 0 clock, p.m., at
which time it would be the City s right to cross-examine any
dec1arants if they feel it appropriate.
It was noted for the record that no one from the audience
indicated that they were present to represent the Association.
It was moved by Ybarra, seconded by Kaeser, that the hearing
be closed for the purposes of taking of live testimony, and that
Local 2312 and its attorneys be allowed to submit written declar-
ations under the condition previously recommended. Motion carried.
It was moved by Kaeser, seconded by Ybarra, that the hearing
be continued.,to Monday, April 30, 1979, at 4:00 o'clock, p.m.
Motion carried.
There being no further business to come before the meeting, it
was moved by Kaeser, seconded by Ybarra, that the meeting adjourn.
Motion carried.
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ATTEST:
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BRUCE V. MALKENHORST, .
City Administrator/City Clerk
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