The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03212000 - C.23C.24C.25 TO: BOARD OF SUPERVISORS CO ra FROM: VICTOR J. WESTMAN, County Counsel Costa County DATE: March 21, 2000 SUBJECT: REPEAL ORDINANCE CODE DIVISION 526 ON ;• PREVAILING "WAGES FOR INDUSTRIAL CONSTRUCTION °l SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Introduce, waive reading and fix March 28, 2000 for adoption of an ordinance to repeal County Ordinance Code Division 526 on prevailing wages for industrial construction. FISCAL IMPACT: It is anticipated that there will only be minor costs to the County, such as the cost associated with amending the Ordinance Code. BACKGROUND: The United States Court of Appeals for the 9th Circuit has ruled that County Ordinance Code Division 526 on prevailing wages for industrial construction, is preempted by the National Labor Relations Act. (Chamberof Commerce of the United States v. Bragdon (90 Cir., 1995) 64 F. 3d 497.) Therefore, the subject ordinance is of no force or effect. For this reason, Division 526 should be repealed and removed from the County Ordinance Code, to avoid confusion and misunderstanding by persons not familiar with the ruling of he U.S. Court of Appeals. CONTINUED ON ATTACHMENT: YES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDATION OF B CO MITTEE APPROVE OTHER SIGNATURE(S). ACTION OF BOAR W � d rt mac^/f eo"'' APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT:VICTOR WESTMAN 925-335-1800 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY COUNSEL BY 7'71IcLC -- DEPUTY n ORDINANCE NO. 2000- (REPEALING DIVISION 526 ON PREVAILING WAGES FOR INDUSTRIAL CONSTRUCTION) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. REPEAL DIVISION 526. Division 526 of the County Ordinance Code, on prevailing wages for industrial construction(added by Ordinance No. 90-72, and amended by Ordinances No. 90-116 and 91-54) is repealed because it is preempted by the National Labor Relations Act. (Chamber of Commerce of the United States v. Bragdon(9th Cir. 1995) 64 F. 3d 497.) SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PAA`W.D on , by the following vote: AYES: x •,,. NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk M of the Board of Supervisors and '~ , County Administrator "". By: Deputy Board Chair_ y [SEAL] LTF HA0RD1wagelord.wpd C.24 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 21, 2000, by the fallowing vete: AYES: Supervisors Gioia, Uilkema, DeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None Subject: Introduction of Ordinance 2000-14 (Classes of Court Employees Excluded from the Merit System) IT IS BY THE BOARD ORDERED THAT the attached ordinance 2000-14, amending the Ordinance Code of Contra Costa County as indicated is INTRODUCED, reading WAIVED and March 28, 2000 is FIXED as the time for adoption of same: SECTION I: Section 33-5.349 of the County Ordinance Code is amended to exclude from the merit system, the classes of court employees listed below, to read: 33-5.349 Superior court staff. (a) Titles. The classes of positions listed in subsection (b) are excluded from the merit system. They are designated by their statutory titles (where such exist) and by their corresponding present local administrative titles, with parenthetical reference to the relevant statutory provisions in the Government Code (G.C.) and the Code of Civil Procedure (C.C.P.), the Welfare and Institutions Code (W.&I.C.) and in the Family Code (F.C.) 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:March 21,2000 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By4� • /_ 7rG tom_ Deputy Clerk ORDINANCE NO. 2000-- (Classes of Court Employees Excluded from the Merit System) The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.349 of the County Ordinance Code is amended to exclude from the merit system, the classes of court employees listed below,to read: 33-5.349 SgVerior court staff (a) Titles. The classes of positions listed in subsection(b)are excluded from the merit system. The are designated by their statutory titles (where such exist) and by their corresponding present local administrative titles, with parenthetical reference to the relevant statutory provisions in the Government Code (G.C.) and the Code of Civil Procedure (C.C.P.),the Welfare and Institutions Code(W.&I.C.) and in the Family Code (F.C.) b)Classes. The fallowing classes are excluded: Statutory Title Local Administrative Title Chief administrative officer,superior Executive officer—superior court—exempt. court executive officer, and jury commissioner. (G.C. 68114.6, § 69898, C.C.P. § 195.) Superior court secretary (G.C. Court administrative assistant I--exempt 69892) Probate commissioner (G.C.69897) Court commissioner– exempt. Research assistant (G.C. 69905) Supervising legal research attorney–exempt Legal research attorney–exempt Official reporter(G.C. 70047) Chief court reporter-superior court–exempt Court reporter- superior court--exempt Juvenile court referee (G.C. Court commissioner–exempt 70141.11, WAI.C. § 247) Supervising counselor of conciliation Chief–family court services–exempt ORDINANCE NO. 2000– Page 2 (F.C. 1814, Family Conciliation Court) Associate counselor of conciliation Mediator—family court services--exempt. (F.C. 1814, Family Conciliation Court) Family conciliation court. secretary Court services cleric 1, II, I1T, IV—exempt (F.C. 1814, Family Conciliation Court) Deputy ,fury commissioner (C.C.P. Assistant executive officer— superior court— 195) exempt, Court services administrator—exempt(bevels A& B) Court services coordinator—exempt Court services manager—exempt No statutory equivalent Court accounting specialist—exempt Court administrative assistant I and 11—exempt Court fiscal officer--exempt Court human resources officer—exempt Court information systems manager—exempt Court information systems programer/analyst —exempt Court investigator—exempt Court services administrator—exempt(level A &B) Court services assistant—exempt Court services clerk IV-technician—exempt Court services coordinator—exempt Court services manager—exempt Court staff development specialist—exempt Court support services assistant—exempt - Court systems technician—exempt Director of alternate dispute resolution program—exempt Family law facilitator—exempt (Ords. 2000 -�, § 1, 98- 2, 97-24, § 1, 97-15, § 1, 96-30, § 1, 94-15, 91-60, 91-2, ORDINANCE NO. 2000— Page 3 § 1, 89-16, § 2, 83-14, 81-70, § 2, 81-63). SECTION II:EFFECTIVE LATE.This ordinance becomes effective 30 days after passage,and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSER ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ° ATTEST: PHIL BATCHELOR, C*k of the Board and County Administrator By BoaMAChair [SEAL] EVUE �. (March 6, 2000) ORDINANCE NO. 2000— C.25 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 21, 2000, by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None Subj ect: Introduction of Ordinance 2000-15 (Treasurer's Investment Officer- Exempt) IT IS BY THE BOARD ORDERED THAT the attached ordinance 2000-15, amending the Ordinance Code of Contra Costa County as indicated is INTRODUCED, reading WAIVED and March 28, 2000 is FIXED as the time for adoption of same: SECTION I: Section 33-5. Is added to the County Ordinance Code to exclude the class of Treasurer's Investment Officer-Exempt from the Merit System to read: 33-5. Treasurer's Investment Officer-Exempt (a) The treasurer's investment officer-exempt is excluded from the merit system and is appointed by the treasurer-tax collector (Ord. 2000-15) 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:March 21,2000 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By.2", Al-? Deputy Clerk ORDINANCE NO. 2000 - � (Treasurer's Investment Officer— Exempt) The`tontra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) SECTION 1: Section 33—5. is added to the County Ordinance Code to exclude the class of Treasurer's Investment Officer— Exempt from the Merit System to read: 33 - 5. Treasurer's Investment Officer-- Exempt (a) The treasurer's investment officer— exempt is excluded from the merit system and is appointed by the treasurer—tax collector (Ord. 2000- ) SECTION II: EFFECTIVE DATE: This ordinance becomes effective 30 days after passage and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the a newspaper published in this County. `-",,.PASSED ON by the following vote: AYES:\ NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clea of the Board and County Administrator''--. A B y . Board Chair L� ORDINANCE NO. 2000- ` ,