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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. .. - f ►' -. � / ♦ - _.. M • aMO r t. • ice. • i t - I lt- =1 e • - .:. e.; a. A ! A �: a .• A ► ' , - - r - _..• __ - •t • • � ore t ,: . e+' - _ _ !f clt s- • - - _.� • • q-- .• 'q. - _• - • • 1 - Matta fl - - - - !1 =tl •.^ it: s •' _ ens �;,_• o a c-=. - •• • _ •:� _ • - *.� • a • �1 • q:=_ - • i • t R- r .o coo a zf • - N!K* - _c q. a� _.. - .. •.ia--= ' t ce. o: - :�re.r- _: •i• •� �=U� a. e+t - �i�i_- r �- 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: 3 of 7 AUG 12 1986 ITEM 9 ~ti t 3 t Charges leo: 09483040T Mage. Noz 2 TABLE OF CONTENTS -r SECT -10N PAGE: I. GENERAL PROVISIONS 3. II'« MMIEP~ SIF. S3CGNATURES 5 �f t.: S ' t AUG 1 1986 ITEM, 9 4 0 - -, --'---_____..w..._..._.._._�.,,......�,..�,..,.._....�..y-»..�.-,�...�-.-.'-.-�-1�.-„....-mss-•wry.-arm-- __ _ ... ._�" - - - - ---•-p.��-.ne_�r.-. 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 • 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: 7 of 7 LEONORA L. GUARRR7A, Director Los Angeles District Office AUG 12 1986 ITEM