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HomeMy WebLinkAboutRES 1978-60 - Board 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 -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, i n 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-M i l i as 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 0 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 Resolution No. 7856 is hereby rescinded. 2.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. 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. ]% .r on the 2 1 s t day of November, 1978, by the fo l i ow i ng ro l 1 ca l l vo to AYES: Hatch Huber Kuttel Sutton , Maass NOES: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By me s A. Maass, President ATTEST: j A. Milton Seymour Clerk thereof Resolution No. 7860 pg. 2