HomeMy WebLinkAboutCity Council - 5698 RESOLUTION NO. 5698
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING EXECUTION OF A CON-
CILIATION AGREEMENT IN THE MATTER OF UNITED STATES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION V. CITY OF
HUNTINGTON BEACH
WHEREAS, the City of Huntington Beach was notified that the
EEOC had found a violation in regard to a mandatory retirement
age for safety employees in the matter of EEOC v. City of
Huntington Beach, Charge No. 092832334; and
The city' s retirement policy was, prior thereto, based upon
state statutory law, to wit: California Public Employees Retire-
ment, Government Code S 20980 et seq. , which requires "local
safety members" to retire prior to age 70; and
Assembly Bill No. 529, effective September 27 , 1985,
repealed Government Code SS 20980 .1 and 20982 (which required
local safety members to retire at age 60 and 65 respectively) ;
and
Recently the United States District Court for the Eastern
District 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, and pursuant to this consent decree a local contract-
ing 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, and no such BFOQ applies to the City of Huntington Beach
safety employees,
NOW, THEREFORE, be it resolved that the Conciliation Agree-
ment attached hereto as Exhibit A, and incorporated herein by
this reference is hereby approved.
the City of Huntington BE IT FURTHER RESOLVED thaty ton Beach g
Personnel Director, William Osness, is hereby authorized to
execute such agreement on behalf of the City of Huntington Beach.
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PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of August , 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk -Z -ff�City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City dm istrator Personnel Director
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UNITED STATES GOVERNMENT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
o•
JBIERNO DE LOS ESTADOS UNIDOS 3"0 WILSHIRE BLVD..5TH FLOOR
MISION DE IGUALDAD DE OPORTUNIDAD EN EL EMPLEO LOS ANGELES,CALIFORNIA 90010
CONCILIATION AGREEMENT
IN THE MATTER OF
U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
and
Charge No: 092832334
RESPONDENTCity of Huntington Beach
P . O . Box 190
Huntington Beach, CA. 92648
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:
EXHIBIT A
Charge No: 092832334
Page No: 2
TABLE OF CONTENTS
SECTION TITLE PAGE
I. GENERAL PROVISIONS 3
II. RELIEF 4
III. SIGNATURES 5
Charge No: 092832334
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 thig 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 AREA.
5. The Respondent agrees that it shall comply with all requirements of
the AREA.
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.
Charge No: 092832334
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.
Charge No: 092832334
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
Res. No. 5698
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HMVINGTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 18th day
of August 19 86 by the following vote:
AYES: Councilmen:
MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
Kelly,
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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