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T v Board of Supervisors i
FROM: Phil Batchelor, County Administrator o; ,iz�uzb, _ ;•s
CF
DATE: May 31, 1989 -------
SUBJECT: LEGISLATION: SB 869 (Cecil Green)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of OPPOSE UNLESS AMENDED in regard to SB 869 by Senator Cecil Green
which authorizes the Retirement Board to reinstate an individual from a retired status to an employed
status.
BACKGROUND:
The existing law establishing the 1937 Act counties retirement systems does not contain general
provisions for reinstatement from service and disability retirement.
Senator Cecil Green has introduced SB 869 to provide a mechanism whereby retired employees may
apply to the Retirement Board for reinstatement as a regular employee by terminating their
retirement benefits.
County Counsel has several legitimate concerns about SB 869 as introduced. The bill authorizes
the Retirement Board, rather than the Board of Supervisors, to authorize the reinstatement of an
employee who is currently retired. This inappropriately preempts the right of the Board of
Supervisors to determine the number of employees it requires to perform work for the County and
has the effect of delegating to the Retirement Board the authority to determine whether a particular
individual's skills are currently required as well as whether there are funds or a vacant position
available for that individual. These are all responsibilities of the employer and must not be delegated
to the Retirement Board.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
Recommendation of County Administrator Recommendation of Board Committee
Approve Other:
Signature(s): W"-d-f ir
Action of Board on: June 6, 1989 Approved as Recommended Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
Unanimous(Absent ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED JUN 1Qiz
Retirement Administrator PHIL BATCHELOR,CLERK OF THE BOARD
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Treasurer-Tax Collector
Auditor-Controller BY: Deputy Clerk
clvm:eh(ab869bo)
4.
County Counsel also notes%that to the extent the bill provides the Retirement Board the discretion
to determine which individuals will be reinstated it can subject the Retirement Board to claims of
employment discrimination and denial of due process.
While it is recognized that 1937 Act counties need some statutory system for determining the
circumstances under which retired employees can be reinstated we would suggest that agreement
be reached first on what those criteria should be and then introduce that into legislation, rather than
introducing legislation and then trying to determine what the legislation should really say. The
Retirement Board also has some concerns with the language of the bill as is outlined in the
Retirement Administrator's May 18 memo which is attached to this report.
Unless SB 869 can be amended to allow the Board of Supervisors to retain its discretion to determine
which employees will be allowed to be reinstated and to control the availability of funds and
positions we have no choice but to recommend that the Board of Supervisors oppose SB 869. If
adequate language can be developed to remove these concerns we will certainly review future
versions of SB 869 to determine whether the Board of Supervisors' concerns have been removed.
SB 869 has passed the Senate and is currently on referral to the Assembly Committee on Public
Employees, Retirement and Social Security.