HomeMy WebLinkAbout1986-08-12; City Council; Resolution 8751*.
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by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
12th day of August , 1986 by the following vote,
to wit:
AYES:
NOES: None
ABSENT: kne
Council Members Casler, Lewis, Kulchin, Chick and Pettine
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RESOLUTION NO. 8751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO
EXECUTE THE CONCILIATION AGREEMENT BETWEEN THE
EEOC AND THE CITY OF CARLSBAD RELATING TO
CHARGE NUMBER 094830395.
The City Council of the City of Carlsbad, California 5
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hereby resolves as follows:
1. That the Mayor is authorized to execute the
conciliation agreement in the matter of U.
Opportunity Commission and City of Carlsbad charge number
094830395 a copy of which is attached hereto and is incorporated
S. Equal Employment
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UNITED STATES GO\.ERSXi EST
EQUAL EMPLOYMENT OPPORT‘UNITY COMMISSIO\
GOBIERVO DE LOS ESTADOS L‘YIDOS
COLZlSIOh DE ICLALDAD DE OPORTL!\IDAD EN EL EMPLEO
Charge No.: 094830395 EEOC v. City of Carlsbad Ms. Xary Casler
Mayor
City of Calsbad
1200 Elm Avenue
Car.lsbad, CA 92008-1989
On 5/29/84 you were notified that EEOC had found a violation in regard to a mandatory retirement age for safety employees in the above case. During the course of the investigation you indicated that your retirement policy was based on state law, i.e. California Public Employees’ Retirement (Gov. Code Section 20980 et. seq.) which required “local safety members” to retire prior to age 70. This defense was
rejected based on the fact that the Ninth Circuit has held that state
law is not a valid defense to a violation of the ADEA.
In view of the recent legal development of Government Code Section
20980.1 and 20982 (which required local safety members to retire at age 60 and 65 respectively) being repealed effective September 27, 1985, by Assembly Bill 529, we are now contacting you in an attempt to resolve this matter. It is our understanding that you have received a notice from the California Public Employees Retirement System (PERS) describing the change in California Law.
Recently the United States District Court for the Eastern Distri,ct of California approved a Consent Decree whereby PERS has been permanently
enjoined from agreeing to allow any local contracting agency to maintain a mandatory retirement age prior to age 70. Pursuant to this consent decree a local contracting agency may maintain a mandatory retirement policy based on a bona fide occupational qualification
(BFOQ) exception only upon a showing of:
(1) A BFoQ determination issued by a federal court, or:
(2) Written approval or certification from EEOC that age is
BFoQ.
Charge No.: 094830395
Page 2 of 2
Since neither of the above situations applies in this case, it is our
assumption that you have elected to change your retirement policy and
that your employees are not required to retire based on age prior to
age 70. If so, EEOC would like very much to resolve this pending
matter by means of a conciliation agreement. Please find enclosed a
proposed conciliation agreement for your review. If acceptable please
execute and return at your earliest convenience.
If'you have any questions or would like to discuss this matter, please
phone me at (213) 251-7357. In view of the recent legal developments,
it is important that this matter be resolved.
We hope to hear from you soon.
Sincerely,
JUANITA BANKS Supervisory EOS
Encl: Concilation Agreement
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UNITED STATES GOVERN.CfENT
E QUA L EM PLOY M E NT 0 P PO RT U N IN C 0 M M IS S I 0 S
GOBIERNO UE LOS ESTADOS UNIDOS coMwox DE IGLIALDAD DE OPORTUN~DAD EN EL EMPLEO
CONCILIATION AGREEMENT
IN THE MATTER OF
U, S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
and
Charge No: 094830395
RESPONDENTCity of Carlsbad
1200 Elm Avenue
Carlsbad, CA. 92008-1989
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An investigation having been made under the Age Discrimination in
Employment Act (ADEA) by the United States Equal Employment Opportunity
Commission (the Commission) and Letters of Violation having been
issued, the parties do resolve and conciliate this matter as follows:
Charge No: 094830395
Page No: 2
SECTION
I.
11.
111.
TABLE OF
TITLE
CONTENTS
GENERAL PROVISIONS
RELIEF
SIGNATURES
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PART I. GENERAL PROVISIONS
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It is understood that this Agreement does not constitute an '
admission by the Respondent of any violation of ADEA provisions.
The Commission hereby waives, releases, and covenants not to sue Respondent with respect to any matters pertaining to a mandatory
retirement age, below age 708 for safety member employees subject
to the former requirements of the Public Employees Retirement
System. This waiver is subject to the performance by the Respon-
dent of the promises and representations contained herein. The
Commission deems this Agreement to be fair and equitable and it
hereby waives, releases and covenants 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 matters but not covered by the terms of this Agreement.
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 repre-
sentations contained herein.
While no injured parties have been identified in this inves-
tigation, nothing in this agreement shall be construed to
deny any aggrieved individual his/her right to institute
a private suit under the ADEA.
The Respondent agrees that it shall comply with all requirements of the ADEA.
The parties agree that there shall be no discrimination or
retaliation of any kind against any person because of opposition to
any practice declared unlawful under the ADEA, or participa-
tion in any manner in any investigation, proceeding, or hearing under the ADEA.
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I.
Charge No: 094830395
Page No: 4
PART 11. RELIEF
1. Respondent agrees that no employee in a safety member classi-
fication will be mandatorily retired before the age of seventy
(70) for reasons other than those medically related,
2. Respondent agrees to publicly announce to all employees and
potential employees that there is no mandatory retirement for safety member classifications before the age of seventy
(70)
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 inspect
the premises at reasonable times, interview employees, and examine and
copy relevant documents.
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Charge No: 094830395 Page No: 5
PART 111. SIGNATURES
I have read the foregoing Agreement, and I accept and agree to its
prov i s ions :
DATE : I /3, /?a d&-
Signature (fif Respondent
MARY H. CASCER, Mayor
City of Carlsbad
Approved on Behalf of the Commission:
DATE :
LEONORA L. GUARRAIA, Director
Los Angeles District Office