HomeMy WebLinkAbout1978-11-21 Min - Board ADJOURNED MEETING
NOVEMBER 21 , 1978
(Adjourned from 11/20/78)
The Adjourned Meeting of the Board of Directors of the Truckee
Donner Public Utility District was called to order by the President in the
District office at 4:05 P.M.
ROLL CALL: Directors Hatch, Huber, Kuttel , and Maass were present at the
beginning of the meeting; Director Sutton arrived at approximately 4: 10 P.M.
EMPLOYEES PRESENT: A. Milton Seymour was present throughout the entire meet-
ing . Merrilyn Marsh, Michael Connell and Susan Craig were present after the
Executive Session was concluded.
CONSULTANTS PRESENT: District Counsel Grumer was present.
OTHERS PRESENT: Union Representative Dave Rossi was present in the audience
when the meeting was reconvened to Public Session.
EXECUTIVE SESSION
The President adjourned to Executive Session at approximately
4:06 P.M. for the purpose of discussing legal and personnel matters.
RETURN TO PUBLIC SESSION
The meeting was reconvened to Public Session at 6: 17 P.M.
ACTION ARISING FROM EXECUTIVE SESSION
RESOLUTION 7860
District Counsel Grumer read to the Directors and others present
the proposed resolution. (That resolution follows these minutes) .
Clause No. 2 of the proposed resolution was changed from ". . .
regarding the intended action," to ". . .regarding the proposed action."
Director Hatch moved that the Board adopt Resolution No. 7860 as
read by Counsel . Director Huber seconded the motion.
Director Sutton inquired of the Manager if he was certain that
all exempt employees were covered in Clause No. 3 of the resolution. After
discussion and approval of the amendment by Directors Hatch and Huber, Clause
No. 3 of the resolution was changed from "Said proposed resolution shall apply
to all employees except the Manager, Clerk, Deputy Clerk, Exeuctive Secretary,
Office Manager, Accountant, General Foreman, Superintendent, part-time help,
and temporary help," to "Said proposed resoltuion shall apply to all employees
except the Manager, Assistant Manager, Clerk, Deputy Clerk, Executive Secretary,
Office Manager, Accountant, Treasurer, General Foreman, Superintendent, En-
gineer, part-time help, and temporary help."
ROLL CALL: Hatch, aye; Huber, aye; Kuttel , aye; Sutton aye;
Maass, aye. SO MOVED.
Director Sutton inquired as to whether there would be further
discussion during Executive Session respecting pending legal matters. Pres-
ident Maass informed her that an Executive Session would be sched-uled on the
next meeting agenda for this purpose.
Discussion ensued regarding a title for Resolution No. 7860.
The Board was in agreement that this resolution be called "Resolution No.
7860 - a resolution rescinding Resolution 7856 and commencing procedures to
guarantee employees minimum standards of due process of law.
ADJOURNMENT
There being no further business before the Board, Director Huber
11/21/78 pg. 1
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RESOLUTION NO. 7860
OF
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
A RESOLUTION RESCINDING RESOLUTION NO. 7856
AND COMMENCING PROCEDURES TO GUARANTEE EM-
PLOYEES MINIMUM STANDARDS OF DUE PROCESS OF
LAW
WHEREAS , on or about November 9, 1978, the Truckee Donner Public Utility
District was served with a Writ of Mandate in accordance with the terms of the
Judgment entered in Case No. 23096, Jane Reed et al . vs . TDPUD, filed in the
Superior Court of the State of California in and for the County of Nevada; and
WHEREAS, in accordance with said Order Resolution No. 7856 was adopted
on November 13, 1978, establishing procedures for the termination or suspen-
sion of employees; and
WHEREAS , the Union' s attorney has informed the District Manager that
Resolution 7856 is in violation of the Meyers-Milias Brown Act, Government
Code Section 3500 et seq. ; and
WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District desires to show good faith on this specific issue; and
WHEREAS, since 1953, the District has not had a civil service system as
required by law, and the present agreement with the Union (Resolution No. 7624) ,
does not satisfy this requirement; and
rr WHEREAS, the District intends to establish a complete civil service
system; and
WHEREAS, by virtue of the Judgment and Writ of Mandate an emergency
exists and the immediate adoption of a procedure guaranteeing employees min-
imum standards of due process of law is necessary,
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Truckee
Donner Public Utility District as follows:
1 . Resolution No. 7856 is hereby rescinded.
2. The Board of Directors intends to adopt a similar
resolution at its Regular Meeting on December 4,
1978, after giving representatives of the bargain-
ing unit the opportunity to meet and confer with
the Manager and other representatives of the Board
regarding the proposed action.
3. Said proposed resolution shall apply to all employees
except the Manager, Assistant Manager, Clerk, Deputy
Clerk, Executive Secretary, Office Manager, Accountant,
Treasurer, General Foreman, Superintendent, Engineer,
part-time help and temporary help.
,r— 4. The Manager shall present a copy of this Resolution,
along with a draft of the proposed resolution, to
the representative of the bargaining unit immediately
with an offer to meet and confer as soon as possible.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
Utility District at a meeting of the Board of Directors held within the District
Resolution 7860 pg, l
ADJOURNED MEETING
NOVEMBER 21 , 1978
(Adjourned from 1 1/20/78)
The Adjourned Meeting of the Board of Directors of the Truckee
Donner Public Utility District was called to order by the President in the
District office at 4:05 P.M.
ROLL CALL: Directors Hatch, Huber, Kuttel , and Maass were present at the
beginning of the meeting; Director Sutton arrived at approximately 4: 10 P.M.
EMPLOYEES PRESENT: A. Milton Seymour was present throughout the entire meet-
ing. Merrilyn Marsh, Michael Connell and Susan Craig were present after the
Executive Session was concluded.
CONSULTANTS PRESENT: District Counsel Grumer was present.
OTHERS PRESENT: Union Representative Dave Rossi was present in the audience
when the meeting was reconvened to Public Session.
EXECUTIVE SESSION
The President adjourned to Executive Session at approximately
4:06 P.M. for the purpose of discussing legal and personnel matters.
RETURN TO PUBLIC SESSION
The meeting was reconvened to Public Session at 6:17 P.M.
ACTION ARISING FROM EXECUTIVE SESSION
RESOLUTION 7860
District Counsel Grumer read to the Directors and others present
the proposed resolution. (That resolution follows these minutes) .
Clause No. 2 of the proposed resolution was changed from ". . .
regarding the intended action," to ". . .regarding the proposed action."
Director Hatch moved that the Board adopt Resolution No. 7860 as
read by Counsel . Director Huber seconded the motion.
Director Sutton inquired of the Manager if he was certain that
all exempt employees were covered in Clause No. 3 of the resolution. After
discussion and approval of the amendment by Directors Hatch and Huber, Clause
No. 3 of the resolution was changed from "Said proposed resolution shall apply
to all employees except the Manager, Clerk, Deputy Clerk, Exeuctive Secretary,
Office Manager, Accountant, General Foreman, Superintendent, part-time help,
and temporary help," to "Said proposed resoltuion shall apply to all employees
except the Manager, Assistant Manager, Clerk, Deputy Clerk, Executive Secretary,
Office Manager, Accountant, Treasurer, General Foreman, Superintendent, En-
gineer, part-time help, and temporary help."
ROLL CALL: Hatch, aye; Huber, aye; Kuttel , aye; Sutton aye;
Maass, aye. SO MOVED.
Director Sutton inquired as to whether there would be further
r-- discussion during Executive Session respecting pending legal matters. Pres-
ident Maass informed her that an Executive Session would be scheduled on the
next meeting agenda for this purpose.
Discussion ensued regarding a title for Resolution No. 7860.
The Board was in agreement that this resolution be called "Resolution No.
7860 - a resolution rescinding Resolution 7856 and commencing procedures to
guarantee employees minimum standards of due process of law.
ADJOURNMENT
There being no further business before the Board, Director Huber
11/21/78 pg. 1