Item 9 - EEOC Conciliation Agreement •AGENDA REPORT of •o,r,�,
CITY OF POWAY ��
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This report is included on the Consent Calendar. There will be no separate discussion of the T� ''
report prior to approval by the City Council unless members of the Council, staff or public tiF��4y
request it to be removed from the Consent Calendar and discussed separately. If you wish to � /N THE cov>
have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bawersox, City Mana,; '
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INITIATED BY: Stephen M. Eckis, City Attorney
DATE: August 12, 1986
SUBJECT: Equal Employment Opportunity Commission Conciliation Agreement
BACKGROUND
On March 29, 1984, the City of Poway was notified that the United States Equal
Employment Opportunity Camnission (EEOC) alleged a violation by the City of
Pay of the mandatory retirement age for safety employees. An administrative
proceeding entitled EEOC vs. City of Poway, Case No. 094830407 was commenced by
the EEOC.
As a part of its investigation, the EEOC correctly learned that the City policy
requiring retirement of safety officers at an age earlier than 70 years of age
was based upon Government Code Section 20980. That section requires that "local
safety members" retire prior to the age of 70. The City of Poway asserted as a
defense to the EEOC action that its mandatory retirement requirement prior to
the age of 70 was based on state law and was therefore a valid defense.
Recent case law and statutory changes to Government Code Sections 20980.1 and
20980.2 effectively repeal the provision that local safety members be retired at
age 60 (Section 20980.1) and 65 (Section 20980.2) . Case law decided since
1982 has held that the federal government may retire its safety members prior. to
the age of 70 but states and local agencies may not do so. P.E.R.S. has
acquiesced in these court decisions and is no longer requiring that safety mem-
bers be retired prior to the age of 70.
For the reasons stated above, all cities in the County of San Diego and most
cities throughout the State of California have agreed to resolve their differen-
ces with the EEOC by acquiescing in the requirement that local safety members
not be mandatorily retired prior to the age of 70. The agreement to acquiesce
in this practice is contained in the Conciliation Agreement which the EECC asks
be signed by each jurisdiction. A copy of the agreement prepared by the EEOC
for the City of Poway is attached as an exhibit .to this Agenda Report.
ACTION: APPROVED staff recommendation.
LPS
Marjorie K. Wahlsten, City Clerk 1 2 1986 ITEM E M
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Agenda Report - EEOC
August 12, 1986
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It does not appear that there is any basis in the law for continuing to take the
position that the City of Poway has the right to mandatorily retire local safety
members prior to the age of 70. It is the recommendation of the City Attorney
that the Council authorize the Mayor to execute the original of the Conciliation
Agreement and direct the City Clerk to forward the executed original to the Los
Angeles Office of the EEOC.
RECCMMENDATICN
It is recommended that the City Council authorize the Mayor to sign the EEOC
Conciliation Agreement and direct the City Clerk to mail the executed original
to the EEOC.
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Attachment
1) Agreement
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UNITED STATES GOVERNMENT
I'fllll EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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GOBIERNO DE LOS ESTADOS UNIDOS 3660 WILSHIRE BLVD.,5tH FLOOR
COMISION DE IGUALDAD DE OPORTUNIDAD EN EL EMPLEO LOS ANGELES,CALIFORNIA 90010
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CONCILIATION AGREEMENT
IN THE MATTER OF
U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
and
Charge No: 094830407
RESPONDENT City of Poway
13325 Civic Center Drive
P.O. BOX 783
Poway, CA. 92064
* * * * * * * * * *
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:
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Charge No: 094830407
Page No: 2
TABLE OF CONTENTS
SECTION TITLE PAGE
I. GENERAL PROVISIONS 3
II. RELIEF 4
III. SIGNATURES 5
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Charge No: 094830407
Page No: 3
PART I. GENERAL PROVISIONS
1. It is understood that this Agreement does not constitute an
admission by the Respondent of any violation of ADEA provisions.
2 . The Commission hereby waives, releases, and covenants not to sue
Respondent with respect to any matters pertaining to a mandatory
retirement age, below age 70, 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.
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 repre-
sentations contained herein.
4. 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.
5. The Respondent agrees that it shall comply with all requirements of
the ADEA.
6. 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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Charge No: 094830407
Page No: 4
PART II. 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: 094830407
Page No: 5
PART III. SIGNATURES
I have read the foregoing Agreement, and I accept and agree to its
provisions:
DATE:
Signature of Respondent
Approved on Behalf of the Commission:
DATE:
LEONORA L. GUARRAIA, Director
Los Angeles District Office
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