HomeMy WebLinkAboutbocc.res.133.1997 � .._..._._. .
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• A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITK[N
COUNTY COLOIZADO,AFFIRMING THE PERSONNEL ACTION TAKE[V BY THE
PITKIN COUNTY MANAGER �'J
Resolution#97-� ����"�
Kecitats �
1. Pat►rick J. Bergl ("Employee") has filed an appeal of an employment
decision made by the Pitkin County Manager,Suzanne Kottchan,peiesuant to Section �.��
� 535 of the Pitkin County Personnel Policies and Procedures Manual.
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2. On March 4, 1997, the Employee was terminated. Following "
terminarion, the Employee filed a grievance wifh the Grievance/Appeal Committee.
The Contmittee found that there was just cause for the termination and i�ecommended
� that the Einployee be granted such other benefits as a result of his termination that 1
included but were not limited to a severance payment equivalent to six mouths sala►y.
:.�,,;� � ;1 The Pitkin County Manager accepted the finding of the Grievance/Appeal Coutntittee •
� �� that thei� was cause for the Employee's terruination but rejected the Conunittee's
';,� i�ecommendation for severance benefits. The Employee has appea(ed to the Board of ;
j� County Coivmissioners the decision of the Pitkin Counry Manager. �
: 3. On June 10, 1997, the Board of County Commissioners i�eceived the �
� reco►�of proceeciings befoi�e the Grievance/Appea(Committee and the decision made �
. j; by the County Manager and appeal taken by the Employee. The i�ecord consists of the �
.� terininarion memo delivered to the Employee,the appeal filed by the Employee with the �
�i Persounel De pai�tment for a hearin g be f o re t h e G r i e v a n c e/A p p e a l C o m m i tt e e, t h e
!j manscript of the grievance heaiing before the Couittuttee together with exhibits
�I accepted and reviewed by the Conunittee, the findings and conclusions of the
- �i Grievance/Appeal Conuuittee, the decision of the Pitidn County Manager, ancl the
. appeal to the Board Of County Cotnmissioners as filed by the En�ployee's attoimey,Paul
�j Dtuikelman.
4. Following a review of this record,the Board Of County Conunissioners
finds that the acrion of the Pitkin Counry Mauager was for cause. The record discloses
that the Einployee used a contnolled substance,in the form of marijuana,while on the �
. �i job. This behavior is specifically pirohibited by the drug free work place policy as
'�� adopted by the Boaid of County Conunissioners and inwcporated into the Personnel
si Policies and Procedures Manual since 1989. Further, tl�e Board Of County
; Corumissioners finds that the Employee was aware of tlie drug fi�ee work place policy at
€j the time of its viotation. 11ie Board Of County Couiniissioners finds that any award of a
k� severance benefit to the Employee following his termination would be to diminish the
! seriousness of the Employee's condtict. Fttrtlter,the Board Of County Cottmiissioners
'. �nds that there is no basis ii1 the Personnel Policies and Procedures Manual for such an '
� awarc!of severance Uene6ts.
5. 1'he L•ecord of proceedings demonstrates that tlie Pitkin County Manager
acted consistexltly with the terms of the Peisonnel Policies and Peocedures Manual and ..,
within the scope of her authoriry as�ibvided by law.
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Resolution#97-� ���� i. `��'-
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NOW THEREFORE, be iE resolved that the Board of County Cotnmissioners of �-`'�..�'A '
Pitldn County,Colorado,hereby affirms the acHon taken by the Pitkin County Manager �" " 1
regarding the Empioyee. �'��-':
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INTRODUCED,F[RSl'READ AND ADOPI'ED ON THE 1ST DAY OF JULY,1997. i�'�~_:: ''`
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PUBLISHED K ADOPfiOt�T IN THE WEEKEND EDIT[ON OF THE ASPEIV —'';'i-� ':
' TIMES ON THE_�1��DAY OF ,I997.
ATTEST; BOARD OF COUNTY ISSION£RS '
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OF PITKIN COU ,CO RADO `�•.
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J ette Jones Bill ite °�
�� puty Clerk Chairntan � �7 �r
Date: � '�3 "�! , ,�
5 APPROVED AS TO FORM:
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�E John M.Ely S Konchan
County Attorney Coui Manager i
ures�bergiars
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