HomeMy WebLinkAboutMINUTES - 05142013 - C.08RECOMMENDATION(S):
APPROVE and AUTHORIZE County Administrator to sign agreement with Contra Costa County Employees
Retirement Association to resolve pending litigation: Board of Retirement of the Contra Costa County Employees
Retirement Association v. Contra Costa County, et al, Alameda County Superior Court Case No. RG-11608520.
FISCAL IMPACT:
Approval of the Settlement Agreement will help both the County and CCCERA avoid expenses of litigation. If the
Settlement Agreement is not approved, both public entities will incur added litigation expense. Expenses that may
result from implementation of the Settlement Agreement are unknown.
BACKGROUND:
In December, 2011, the Retirement Board and Contra Costa County Employees Retirement Association (together
“CCCERA”) filed suit against the County and the Auditor-Controller in Alameda County Superior Court. The case
involves a dispute between the County and CCCERA about their respective rights and responsibilities concerning
CCCERA staff. The Court encouraged
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/14/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Mary Ann Mason, Assistant County
Counsel, (925) 335-1800
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 14, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tiffany Lennear, Clerk of the Board of Supervisors, Robert Campbell, Auditor-Controller, David Twa, County Administrator, Mary Ann Mason,
Assistant County Counsel, Ted Cwiek, Director of Human Resources, Marilyn Leedom, Retirement Administrator/CEO
C. 8
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:May 14, 2013
Contra
Costa
County
Subject:Resolution of Board of Retirement of the Contra Costa County Employees Retirement Association v. Contra Costa
County et. al.,
BACKGROUND: (CONT'D)
the parties to find a way to amicably resolve their differences, and they have done so. Under the terms of the
attached Settlement Agreement, the County and CCCERA agree that CCCERA staff remain County employees
until such time as legislation is passed to make CCCERA the statutory employer of CCCERA staff. The parties
have agreed to jointly seek this legislation. Pending such legislation, CCCERA will continue to establish salary
and benefits and other terms and conditions of employment for the Retirement Administrator/CEO. In addition,
CCCERA will determine the salaries, certain benefits, and other terms and conditions of employment for
unrepresented CCCERA staff. CCCERA will exercise its authority as to these employees in a manner consistent
with County employment rules. Existing terms and conditions of employment and memoranda of understanding
for represented CCCERA staff are not affected by the Agreement. The Agreement will not be effective until
approved by the Court and a stipulated judgment is entered.
ATTACHMENTS
Settlement Agreement