HomeMy WebLinkAboutMINUTES - 10241995 - C59 . e . 5`l
To: BOARD OF SUPERVISORS `" S'.. Contra
FROM: KENNETH J. CORCORAN, AUDITOR-CONTROLLER Costa
County
October 18, 1995
DATE: 'r �r
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SUBJECT:
REQUEST FOR AUTHORITY TO RETAIN PRIVATE COUNSEL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Auditor-Controller to retain private counsel and, as necessary, pay for
such counsel with County funds, in order to clarify the authority of the Retirement Board
to transfer its employees to Tier I retirement status when the employees are not otherwise
eligible for Tier I status.
BACKGROUND:
A difference of opinion has arisen between the Auditor-Controller and the Retirement
Board regarding the ability of the Retirement Board to declare its employees to be eligible
to Tier I retirement benefits when they are not otherwise eligible for Tier I benefits.
The Retirement Board has indicated that it believes it has the ability to transfer its
employees to Tier I retirement status when the employees are not otherwise eligible for
Tier I status. The Auditor-Controller believes that the employees of the Retirement
Association are bound by the same rules that bind all other employees and determine the
retirement status of the.employee.
In a recent case, as is outlined in the attached memo from the Auditor-Controller, the
Retirement Board ignored the request of the Auditor-Controller and granted one of its
employees a service-connected disability under the provisions of Tier I retirement, when
the employee was not otherwise believed eligible for Tier I retirement benefits.
In view of the fact that the County Counsel probably has a conflict and cannot represent
either party in such a lawsuit, it is appropriate for the Board to authorize the Auditor-
Controller to retain private counsel to prosecute a lawsuit against the Retirement Board
in order to clarify the Retirement Board's ability to gr hese benefjlsits employees.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA OMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October I APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT none ) 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.
ATTESTED October 24, 1995
Contact: County Administrator PHIL BATCHELOR.CLERK OF THE BOARD OF
CC: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Retirement Administrator
BY ,DEPUTY
Office of
COUNTY AUDITOR-CONTROLLER
Contra Costa County
Martinez, California
October 10, 1995
TO: Phil Batchelor, County Administrator
FROM: Kenneth J. Corcoran, Auditor-Controller
SUBJECT: Request for Authorization to Employ Outside Legal Counsel
As I discussed with you last Friday, today's Retirement Board agenda included consideration of a
disability retirement for Ruth Littlejohn, a current employee of the Contra Costa County Employees'
Retirement Association (CCCERA). I attended the meeting and, during the public comment period, I
asked the Retirement Board to consider pulling the Littlejohn matter from the agenda and rescheduling
it once the legal issues surrounding the retirement status of the CCCERA employees had been
resolved.
I subsequently learned that the Retirement Board dismissed my request and granted Littlejohn a
service connected disability under Tier I. As you know, County Counsel has consistently opined that
CCCERA employees, such as Littlejohn, are not eligible for Tier I status. Counsel further suggested
that a legal action for declaratory relief would be an appropriate means for determining the proper
retirement benefits and obligations of the CCCERA stair
Since County Counsel has indicated they probably could not represent any party in such an action, I
request that the Board authorize the Auditor-Controller to contract with independent outside legal
counsel, at County expense, to initiate a declaratory relief action against the CCCERA.
KJC:pm
AC95-68