Item 9 - Equal Employment Opportunity Commission Conciilation Agreement1
GENDA REPORT -;
L
This report is included on the Consent Calendar. There will be: no separate discussion of the:
report prior to approval by the city Council unless members of the Council, staff or publics �.r..•ctr
request it to be removed from the Consent Calendar and.discussed separately. if you wish to TEi�
have this report pulled for discussion, please fill out a slip indicating the report.number
and gave: it to the City Clerk prior to the beginning; of the City Council meeting.
TO Honorable Mayan and members of the` city omncll
L. Ba«ersoar city NSaa
NIA BY -.Std M` F�ckas ► City Attorney
L1A'i ' AU9Ust l2, 1986 .
d
lovmnent Opportunity Camnission. Cc®cila:ai'.ion t
Ori Lerch 29, 1984, the City of Poway was pati fie3 that' the United States Eqw k
MpIcyamt ' ssion (EEOC) alleged a violation by the CatY Of
Party of the msn+ iatary retirement age forsafety employees •. Pinadmin s give
' entitled. EEOC vs. City of FawaY_. Case No. 094830407 wesccamenced by
the. ESOCS.
j
As a part: of its ° mc�tigatioar the: EBOC carrectl learned that the CttY Lxs�s cY
r�I�i retirem�tof safes
offices at an age earner that; 70 years of age
MW based.:upon
t Code section. 20980•- 7hat SectiotL ri=es. that "1=L
R 7he City of Poway assented, as a
safety ma�ets rata`s= p�car to the age: of 70. -
f defense to the FSC' action that its nendat�cy retireunt res i ream prior to
the, age of 70 was, based. on stag law and was therefore a valid defense.
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I of 7
AUG121986L !TEM 9
sa
Amada Report - EE
August 12, 1986
Paget
It does= not appear that thereis anybasis. in the law for continuing- my to take the
position that the City of Poway has the right to mandatorily retire local._ safety
renters prior to the age of 70. It is the reccomendation of the City Attorney
that the Council authorize the Mayor to execute the or giiiaI. of the Concil tion
Agreementand, direct. the City Clerk to forward the executed original, to the Los
Angeles Office of the EEOC.
rezams =alai
It is recommended that. the City Council authorize the Mayor to sign the E
Ca c l ation Agreement and direct the City Clerk to mail the executed original
to the IMM.
SMEzand:ml:
Attachment
I) Agreement'
2 of 7 AUG 12 1986 ITEM ` 9
UNITED STATES GOVERNMENT
EQUALEMPLOYMENT OPPORTUNITY COMMISSION
46
BIERNO DE LOS ESTADOS UNIDOS 3NG WILSHIRE BLVD, 5111 FLOOR
OMISION :DE IGUALDAD DE OPORTUNIDAD EN EL EMPLEO LOS ANGELES. CALIFORNIA 9001
CONCILIATION AGREEMENT
IN THE MATTER O]
U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Charge Nor 094830407
RESPONDENT City of Poway
L3325 Civic Center Drive
P.G. BOX 783
Poway, CA... 92064
* * * * * * * * .*
An investigation having been made under the Age Discrimination in
Employment Act (AEA) by the United States Equal. Employment Opportuni t;
Commission (the Commission) and Letters. of Violation having been
issued, the parties do resolve and conciliate; this matter as follows:
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AUG 12 1986 ITEM 9
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Charges leo: 09483040T
Mage. Noz 2
TABLE OF CONTENTS
-r
SECT -10N
PAGE:
I. GENERAL PROVISIONS
3.
II'« MMIEP~
SIF. S3CGNATURES
5
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AUG 1 1986 ITEM,
9
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Charge No:094830407 _
Pager No:
PART i. GENERAL PROVTSIONS
I. it is understood that this, Agreement does not constitute an
admission by the Respondent of any violation of' ADFA ` provisions..
Z.. The Commission hereby waives, releasesr and covenants not to, sue
Respondent with respect to any matters pertaining to a mandatory
retirement ager below age. 70,; for safety member employees subject
to the foster, requ: remen.ts of the Publ.id Employees Retirement
System. Thin waiver is, subject to .t the performance by the Re$pon-
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 site Respondent~
with :respect to any matter of specific relief conciliated in this
Agreement; providedr however, that. the Commssa,®n reserves :all.
� rights. to 'proceed. with respect to matters like and related to
_ 'these utters but not covered by the: terms of this Agreement's..
340 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-
septations contained herein.
4. While, no injured parties have been identified in this inves
tlgatlonf� nothing in this agreement shall be construed to
deny any aggrieved individual his/her right to institute
a private*suit under the AREA.
5*1 The Respondent agrees that it shall comply with all requirements of
the ADEA.
5. The parties agreethatthere shall be: no discrimination- or
retaliation of any kind against any y personabecause of opposition to
any practice declared unlawful under the ADEAr or participa
tion.. in. any manner in any investigation, proceeding, or hearing
under-the AREA
t
yiv
Charge No: 094830407'
Page No 5
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PART III. SIGNATURES
Z have read the foregoing Agreement, and t accept and agree to its
provisions:
DATE:
Signature of Respondent
pproved on Behalf of the Coamnisson
SATE:
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LEONORA L. GUARRR7A, Director
Los Angeles District Office
AUG 12 1986 ITEM