HomeMy WebLinkAboutReso - CC - 024-19931
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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:
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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.
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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
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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
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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
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