HomeMy WebLinkAboutAgenda Statement 1986/08/26 Item 5 COUNCIL AGENDA STATEMENT
Item 5
j Meeting Date 8/26/86
ITEM TITLE: Resolution Approving Conciliation Agreement with Equal
Employment Opportunity Commission (EEOC) regarding Age
Discrimination and Safety Employees, and Authorizing the Mayor
to Execute said Ag eement on Behalf of the City
SUBMITTED BY: City Attorney'
(4/5ths Vote: Yes No X )
The law relating to the Public Employees Retirement System (PERS) has recently
been amended so that safety employees may continue to be a part of the system
after age 60. The state law is now consistent with federal law so there is no
impediment to our compliance with the Age Discrimination in Employment Act
(ADEA). The proposed agreement would indicate our intention to comply with
the ADEA.
RECOMMENDATION: Approve the agreement
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The federal Age Discrimination in Employment Act (ADEA) makes it illegal to
require local safety members to retire at age 60. The ADEA allows cities to
maintain a mandatory retirement policy at age 70. This issue was litigated
through the federal courts by the City of Baltimore and was resolved in favor
of the EEOC.
When Chula Vista was first contacted by the EEOC that the ADEA prohibited us
from having a mandatory retirement age of 60, we were placed in a very
difficult position. The reason for this is the state law regulating PERS set
forth a mandatory retirement age of 60. We did not have any opposition to the
mandatory retirement age being 70, but we didn't want to be in a position of
violating state law in order to comply with federal law. We felt that the
reasonable thing for the EEOC to do was to resolve this matter with PERS.
This matter dragged on for some time due to the fact that PERS ran into some
difficulty with the Legislature in getting the law amended. Eventually this
was accomplished and we can now resolve the original EEOC complaint by
entering into a conciliation agreement which would be consistent with the
amended state law, i.e. not requiring retirement prior to age 70.
This agreement was the subject of a discussion at the last City Attorney's
meeting for all the City Attorneys of San Diego County. It was the unanimous
conclusion of that meeting that we should advise our City Councils to approve
the agreement.
FISCAL IMPACT: N/A
1905a
Chula Vista, California
Dated ^'