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HomeMy WebLinkAboutReso - CC - 024-19931 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 RESOLUTION NO. 24-93 CONCERNING THE ADMINISTRATIVE APPEAL OF DAN PAUTENIS RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAME, that: WHEREAS, the City Manager of the City of Burlingame determined that Dan Pautenis, an employee of the city, should be dismissed from his position as automotive mechanic, and said determination was appealed to the Civil Service Commission; and WHEREAS, on March 9, 1993, said Commission heard said appeal and recommended to this Council on a four -to -two vote that said employee be suspended for thirty days and that certain other discipline be imposed; and WHEREAS, said recommendation was heard by this Council on April 7, 1993, Keith Uriarte representing Dan Pautenis and Ralph Kirkup representing the Department of Public Works. NOW, THEREFORE, this Council having considered the administrative record of the hearing before the Civil Service Commission and the arguments presented by said representatives, now makes the following findings and decision: FINDINGS: 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME 301 PRIMROSEROAD 3URLINGAME, GU F. 94010 1. Dan pautenis is an automotive mechanic in the Equipment Maintenance Division of Public Works. There are only three employees in the division, including the shop supervisor. 2. Pautenis was assigned to work with the Burlingame Police Department at their sobriety checkpoint on Friday, December 18, 1992. The purpose of the sobriety checkpoint is to apprehend drunk drivers and reduce drunk driving during the holiday season. 3. Pautenis had known for at least a week that he was required to be on duty on the night of December 18. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IEROME F. COLEMAN CITY AT OR"EY CITY OF BURLINGAME SOT PRIMROSE ROAD 91JRLINGAME. CALIF.94010 4. Pautenis reported for duty to the Burlingame Police Department while intoxicated. 5. Pautenis had driven to the Police Department in a city truck. 6. Pautenis' job responsibilities for that evening would have been to unload the truck, position a generator trailer, lights and signs, and sit in the truck and check fuel levels on the units. 7. An unopened bottle of peppermint schnapps was found in the city truck. 8. Performance evaluations for the past three years indicate a "below -competent and effective" and "low standard" job performance on his part in several areas. 9. Pautenis has not maintained his job skills to service vehicles that are constructed with current technology. When he assumed the job, vehicles were conventional, now everything is electronic. He has not taken courses to maintain his knowledge and has not upgraded himself to work on new equipment. 10. Because of erratic performance and lack of knowledge, Pautenis was not doing the full job that the other two mechanics perform. For example, he has not been assigned to police vehicles for some time now because of lack of training 11. This termination is distinguishable from suspensions imposed in two other cases for the following reasons: A. Another employee was arrested for driving under the influence of alcohol. Pautenis was not arrested for drunk driving because the police officers did not actually see him driving, however, circumstantial evidence establishes that he did drive a city truck while under the influence. B. The Public Works Director has repeatedly stated his position that any city employee driving a city vehicle while under the influence of alcohol would be terminated. C. This is little comparison between the job duties of this employee and the other two employees referred to during the proceedings. His job responsibilities require a higher level of skill and attention to detail. The two other employees were in less skilled positions in the streets 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BUR LINGAME SOI PRIMROSE ROAD BIRLNGAME. CALIF. 94010 and sewer division. D. The other employees had good work records, which the city took into account in imposing discipline. 12. Because the Equipment Maintenance Division is so small, it is not possible to have an employee in that position whose job duties do not include driving city vehicles. In a larger division, the city has more flexibility to work with people, to make different arrangements, or to assign them in different ways. 13. Because Burlingame has a small work force, there is no position with this classification to which the employee could be reassigned. 14. Being drunk on duty harms the efficiency and functioning of city government. A public employee's reputation goes beyond this one employee. City employees must serve as role models for the community. 15. Drunk driving is a threat to the safety of the driver and other innocent members of the community. Burlingame has implemented the sobriety checkpoint program precisely because of the tremendous social cost of drunk driving. The city cannot retain an employee who was participating in the program while intoxicated. 16. The employee has recognized that he has a chemical dependency problem and has enrolled in a treatment program at Mills -Peninsula Hospital. DECISION: The Council declines to accept the recommendation of the Civil Service Commission and reinstates the decision of the City Manager terminating Dan Pautenis, effective February 16, 1993. The Council authorizes reimbursement of the expenses for the treatment program at Mills - Peninsula Hospital, not to exceed $3,800, contingent upon satisfactory completion of the program. This decision is made pursuant to and subject to the provisions of Section 1094.6 of the 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ATTORNEY CITU OF BURLINGAME 301 PRIMROSE ROAD BURLINGAME. CALIF. 94010 Code of Civil Procedure. Ma I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19th day of April, 1993, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: ,HARRisON, KNIGHT, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: none ABSENT: COUNCILMEMBERS: none ABSTAIN: COUNcmmEMBERS: LEMBI F1