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HomeMy WebLinkAboutMINUTES - 09161986 - X.7 BOARD OF SUPERVISORS J� FROM: Victor J. Westman, County Counsel COtltt"d By: Elizabeth B. Hearey, Deputy County Counsel DATE: September 9 , 1.986 (J' ily SUBJECT: Conciliation Agreement between County and E.E.O.C. (Mandatory Retirement of District Attorney Investigators) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Approval of the attached conciliation agreement is recommended. CONTINUED ON ATTACHMENT; YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI' ACTION OF BOARD ON September 16, 1986 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: District Attorney ATTESTED Retirement Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator BY ,DEPUTY M382/7-83 CONCILIATION AGREEMENT BETWEEN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION I. In exchange for the promises and agreements made by Contra Costa County and Contra Costa County Employees' Retirement Association, set forth in Paragraph II of this Conciliation Agreement, the Equal Employment Opportunity Commission ("the Commission") promises and agrees to take no further action and not to sue based on charges numbered 103850147 and 103850148 or its Letters of Violations issued August 8, 1985 and October 31, 1985. II. In exchange for the; promises and agreements made by the Equal Employment Opportunity Commission, set forth in Paragraph I of this Conciliation Agreement, Contra Costa County and Contra Costa County Employees' Retirement Association promise and agree to do the following: 1. Contra Costa County, and Contra Costa County Employees' Retirement Association, their officers, officials, agents, employees, and all persons, agencies and organizations in active concert or participation with them, will not retire persons employed by the Contra Costa County District Attorney's Office because of age prior to age 70. 2. Contra Costa County, the Contra Costa County Employees' Retirement Association, their officers, officials, agents, employees, and all persons, agencies and organizations in active concert or participation with them, will permit all otherwise qualified employees of the Contra Costa County District Attorney's Office to work as employees until they reach age 70, without reference to age. 3. Contra Costa County, its officers, officials, agents, employees, and all persons, agencies and organizations in active concert or participation with it, shall ensure that all persons employed by the Contra Costa District Attorney's Office beyond age 60 and up to age 70 are afforded all regular employee benefits available to employees under age 60. i i III. <+'F. This Conciliation Agreement shall remain in effect as long as the Age : g g g fN , Discrimination in Employment Act of 1967, 29 U.S.C. X621 et seq., shall apply to Contra Costa County, Contra Costa County Employees' Retirement Association and the employees of the District Attorney's Office with respect to mandatory retire- ment of persons employed in law enforcement. IV. It is understood that this Agreement does not constitute an admission by Contra Costa County or the Contra Costa County Employees' Retirement Association of any violation of law. Dated: CHRIS ROGGERSON District Director for Equal Employment Opportunity Commission Dated: GARY YANCEY, District Attorney for Contra Costa County Dated: for Contra Costa County Employees' Retirement Association Approved as to form Dated: Victor J. Westman County Counsel By: Elizabeth B. Hearey Deputy County Counsel -2-