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HomeMy WebLinkAboutReso 1986-12687 RESOLUTION NO. 12687 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONCILIATION AGREEMENT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) REGARDING AGE DISCRIMINATION AND SAFETY EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Conciliation Agreement with Equal Employment Opportunity Commission (EEOC) regarding age discrimination and safety employees, dated the 27th day of August , 198 6, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and direDted to execute said agreement for and on behalf of the City of Chula Vista. Presented and Approved as to form by J~~o/n ~C i t y~t ~o r n e y 1915a 'ly ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th d~ of August 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None  ~.~ ~2~ J Mayor City of Chula Vista ATTEST City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12687 ,and that the same has not been amended or repealed. DATED. City Clerk CrlY OF CHUIA VISTA CC-660 UNITED STATES GOVERNMENT ,,~ z- EO~UAL EMPLOYMENT OPPORTUNITY COMMISSION ;OBIERNO DE LOS ESTADOS UNIDOS 3660 WI[.SHIRE BI VD.~ 5111 FLOOR ~' COMISION DF. IGUALDAD DE OPORTUNIDAD EIq Ek EMPL£O lOS AN(;I:~I.[{S, CAI.IFORNI4, 90010 CONC II-.IhTION AGREEMF..NT In the matter of: Charge No. 094830396 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, vs. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Calfornia 92010 An investigation having been made under the Age Discrimination in Employment Act (ADEA) by the U.S. Equal Employment Opportunity Commission (the Commission) and a letter of violation having been issued, the parties do resolve and conciliate this matter as follows: I. GENERAL PROVISIONS 1. It is understood that this Agreement does not constitute an admission by Respondent of any violation of the ADEA, Section 4(a) (1) and (2). 2. The Commission hereby waives, releases, and convenants not to sue Respondent with respect to any matters which were alleged as charges filed with the Commission, subject to the performance by the Respondent of the promises and representations contained~ herein. The Commission deems this Agreement to be fair and equitable and it hereby waives, releases and convenants not to sue Respondent with respect to any matter of specific relief conciliated in this Agreement; provided, however, that the Commission reserves all rights to proceed with respect to matters like and related to these matter but not covered by the terms of this Agreement. 3. Nothing in this Agreement shall be construed to preclude any party hereto from bringing suit to enforce this Agreement in the event that there is a failure to perform the promises and representations contained herein. 4. The Respondent agrees that is shall comply with all requirements of the ADEA. July , 1986 Conciliation Agreement Page 2 5. Respondent agrees that employees in "safety member" classifications will not be required to retire before the age of seventy (70), unless it is determined by a federal Court that being under such age is a bona fide occupational qualification for an individual's position. 6. Respondent shall ensure that all "safety member" employees Over the age of sixty (60) receive regular employee benefits, including retirement benefits, afforded to "safety member" employees under age sixty (60). 7. Respondent agrees that it will formally notify all City "safety member" employees and potential "safety member" employees that there is no mandatory retirement for "safety member" classifications before the age of seventy (70) by providing a copy of "Notice to Local Safety Members" (attached as Exhibit A). Said Notice shall also be included in any training or orientation materials provided to newly-hired "local safety members". 8. Respondent agrees to post, for a period of ninety (90) days from the execution of this Agreement, a Notice (attached as Exhibit A) to the effect that the mandatory retirement age policy for "local safety members" has been eliminated and that age restrictions will no longer be utilized. Said notice is to be posted on the bulletin board, or other appropriate location, of each department employing "local safety members." 9. Respondent agrees to refrain from printing or publishing a mandatory retirement restriction of under age seventy (70) in its advertisements, job announcements, or any other documents used to inform individuals about "safety member" positions. 10. Respondent agrees not to discriminate or retaliate in any way against any individual who opposes practices made unlawful by the ADEA or who participates in any investigation, proceeding or hearing under the ADEA, or who chooses to continue in "safety member" employment beyond the age of sixty (60). July , 1986 Conciliation Agreement Page 3 The Respondent agrees to notify the Commission in writing within thirty (30) days that all the relief provisions of this conciliation have been implemented. The Respondent agrees that the Commission may review compliance with this Agreement. As a part of such review the Commission may require annual written reports governing compliance, may inspect the premises at reasonable times, interview employees, and examine and copy relevant documents. This agreement shall remain in effect for a period of three (3) years. I have read the foregoing Agreement and accept and agree to its provisions. DATE ~ - - ~ NATUR~ O~/RESPOndENT ........ Approved on Behal~ of the Commission: LEONORA L. GUARRAIA,-Di;~-- Los Angeles, District Office NOTICE TO LOCAL SAFETY MEMBERS RE: EMPLOYMENT RIGHTS On A~?~ct 27: , 1986, pursuant to a Conciliation Agreement executed with the Equal Employment Opportunity Commission the City of formally eliminated its policy of mandatory retirement of safety members reaching age 60. The agreement resulted from a determination issued by the U.S. Equal Employment Opportunity Commission that the mandatory retirement policy is violative of the Age Discrimination in Employment Act of 1967, as amended, 29 U.$.C. Section 621 e_t sgq. Effective September 27, 1985, California Government Code Sections 20980 and 20982, which required local safety members to be mandatorily retired based on age, was repealed. The California Public Employees Retirement System (PERS), which administers the retirement system for the City of pursuant to the change in state law and pursuant to a permanent injunction issued by a U.S. District Court, will no longer process any mandatory retirement based on age prior to age 70 for any "local safety member." All safety members are hereby informed that, pursuant to court order and state and federal law, they are not subject to mandatory retirement and they have the right to accrue regular safety benefits until age Seventy (70). EXHIBIT "A"