HomeMy WebLinkAboutMINUTES - 05202003 - C90 TO: BOARD OF SUPERVISORS � Contra
FROM: John Sweeten, Costa
County Administrator ",
DATE; May 12, 2003 cid��`c vr�
County
SUBJECT: Price and Associates
SPECIFIC REQUEST(S)OR RECOMMENDATtON(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
RECEIVEletter from Price and Associates regarding Croskrey Consent Decree and REFER to
the County Administrator for response,
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_......,.. ....___._------__--___.._---------.---------------
A:,..'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
„APPROVE OTHER
SIGNATURE(S):
_..___.. __ ------------_----------------__ _..__.__ __...___-----
-_ .. _
ACTION OF B ~N .M= 20,_2{0 � APPROVE AS RECOMMENDED v OTHER x
r
See attached addend=
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT Diggtrirt,.T„Cinia ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
District IIT. Seat Vacant ATTESTED hey 20, 2003
CONTACT: JOHN SWEETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
CC: GAO COUNTY ADMINISTRATOR
County Administrator
BY tica _' ir.•-. DEPUTY
ADDENDUM TO ITEM C.9O
May 20, 2003
On this day,the Board of Supervisors received a letter from Price and Associates dated May 8,
2003, regarding the Croskrey Consent Decree.
Several speakers presented testimony in support of the Croskrey Consent Decree and are listed
below:
Clark Walker, 4004 Browning Drive, Concord, CA 94518;
Margaret Valdez, 5136 Stratford Drive, Oakley, CA 94561;
Ralph A. Hernandez, Vice Chair,Croskrey Consent Decree Advisory Board;
Norma A. Hernandez,Citizen for Democracy and Croskrey Consent Decree Advisory Board.
The Board took the following action:
RECEIVED the letter from Price and Associates regarding Croskrey Consent Decree and
REFERRED to the County Administrator for response. Supervisors DeSaulnier and Glover
extended an invitation to meet with the Chair and Vice Chair of Croskrey Consent Decree
Advisory Board.
..........................................................................................
PRICE AND ASSOCIATES
A PROFESSIONAL LAW CORPORATION
RESPONSI -9 " E, REL 1A 8L 67 & EXPERIE NCED L EGA L, SEP VICES
1617 CLAY STREET OAKLAND, CALIFORNIA 94612-1426
VOICE. (510) 452-0292 FAX (510) 452-5625
E-MAIL:pypesq@aoI.com May 8, 2003 FAX.• (510) 452-0294
VIA HAND DELIVERY
Hon. John M. Gioia
Contra Costa County Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
Re: Croskrey-et al. v. County of Contra Costa, et al.
U.S. District Court No. C73-0906 JCS
Dear Mr. Gioia:
I have been asked by the Croskrey Consent Decree Advisory Board to submit to
you a renewed request for the Advisory Board to be placed on the May 20" Agenda for the
County Board of Supervisors.
Enclosed is a copy of the initial request dated October 29, 2002, which was
submitted to the Clerk of the Board of Supervisors with supporting material on November 5,
2002. You may recall that members of Advisory Board appeared before you at your Board
Meeting on the morning of November 5, 2002. Despite several inquiries,we did not ever
receive a response to this request. Also enclosed are complete copies of the Consent Decree
and an excerpt of Section F-5 governing the Advisory Board.
Please advise me of your decision as soon as possible and I will communicate it
to the Advisory Board.
Thank you for your consideration and attention to this request.
Very Truly Yours,
PR
,WE AND ASSOCIATES
PAMELA Y. PRW�
PYP:ap\2603L227
Enclosures
................................
.................................................................................................................................................................................
-- p R I C E A ND ASSOCIATES
P R 0 FE S S 1 0 N A L LA W C 0 R P 0 R A T 1 0 ff
S P a IV -S ;1 3 IL R E L i 5 _ ; & Z, A R N 11 E D L EGA L SEq VICES
1617 CLAYSTREET OAKLAND, CALIFORNIA 94612-1426
VOICE.- (510) 452-0292 October 29, 2002 FAX (510) 452-5625
E-MA& pypesq@aol.com FAX t5101 452-0294
Contra Costa CoLinty Board of Supervisors
651 Pine Street, Room 106
-Martinez, CA 94.553
Re: Crosirey, et al. v. County of Contra Costa, et al.
U.S. District Court No. C73-0906 JCS
Dear Supervisors:
We are writing to formally introduce to you the Croskrey Consent Decree Advisory Board. We are
the founding members of the Advisory Board whichhas been formed to monitor Contra Costa County's
Affirmative Action Pro goTam.
In 1975, the County entered into a Consent Decree agreeing to implement a plan for equal
employment opportunity in Contra Costa County employment..,The Consent Decree provides that Plaintiffs'
counsel maintain an Advisory Board with representatives of each minority resident within Contra Costa
County, all interested women and employees' organizations, and all other interested groups and persons.
I
Our Advisory Board includes iii-non representatives, members of a variety of minority groups,
religious leaders and A large percentage of women.. We are truly a community-based and representative
group, committed to the realization of equal opportunity within the County. We intend to work with the
County's Affirmative Action Officer, the County's Advisory Council on Equal Employment Opportunity as
well as you to ensure that the objectives of the Croskrey Consent Decree are fully achieved.
We believe that the County will benefit greatly from a community-based Advisory Board. We
would like to be placed on the agenda for your next meeting so that we can discuss with all of you our goals
and concerns. We look forward to working with you.
Very truly yours,
4�
7 1
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Clark Walker, Black amilies Association,Chairperson Gee D.a Walls
Rafael A. Hernandez,Vice Chairperson Beth Hastings
Kate Acosta, SEIU 5335, Secretary Yuct Lee,CAPA
Norma A. Hernandez, Citizens for Democracy Margie Valdez
Rev. Andre L. Shumake, Sr., Richmond Improvement Association Rev,,Y. C. P well
Rev. J.W. Wyatt, Richmond Miss. Baptist Ministers Conference
Rev. E. O'Neal, Richmond Miss. Baptist Ministers Conference
-Nadine Peyrucan, AFSCIVIE
Marcus McCoy, Contra Costa County Black Firefighters Association
Jot-in Taylor,NAACP-Hercules/Pinole/Rodeo
11.11111111.1..................................................................................................................................................................................................
. . .............................. .......
EXCERPTS FROM CROSKREY
CONSENT DECREE
OCTOBER 14, 1975
F-5 Plaintiff s counsel shall maintain an advisory board in
connection with the implementation of the above-
described program. Said board shall include
representatives of each minority resident within Contra
Costa County, all interested women and employees'
organizations, and all other interested groups and
persons. Membership in the Advisory Board shall be
open and meetings held regularly. Plaintiffs' counsel
shall maintain publicity regarding the advisory board
and shall maintain contact with community groups
regarding the Affirmative Action Program.
F-6 Defendants shall assist Plaintiffs by paying the
necessary and actual expenses of up to 12 advisory
board members for up to 18 meetings per year for 3
years. Such expenses shall include transportation not to
exceed $.15 per mile, child care not to exceed $5.00 per
meeting, and necessary meals not to exceed $3.50 per
meeting.
......................
r
IN THE U I'It"L•D STA"ES DISTRICT COURT
FOR THE NORTHER14 DISTRICT OF CALIFORNIA
LINDA CROS'KHEX, et al. , )
Plaintiffs,
)
VS. ) No. C-73-09€36 SAW
COUNTY OF CONTRACOSTA, et al. *., )
Diefendants )
` ) CONSENT DECREE
)
SAMELLA BURT, et al. , )
Plaintiffs ; )
)
VS ., ) No. C-73-1967 SAW
COUNTY OF CONTRA COSTA, et al. , )
1
Defendants . }
Plaintiffs and plaintiff intervenors (hereinafter plaintiffs)
have brought the above entitled civil rights° actions to remedy an
alleged pattern and practice of employment discrimination against
females and persons of racial and ethnic minority status by the
defendant's and the defendant intervenors (hereinafter defendants) .
The Court has heretofore ordered that the above entitled actions
be maintained' as class- actions on behalf of a class comprised of
plaintiffs and all other persons denied employment or advancement by
defendants or who have been harrassed in their employment by defen-
dants because of their sex or racial or ethnic minority. status.
It appears to the Court that the parties ,to this lawsuit have
consented and agreed to the entry by this Court of the -following
.Consent Decree without' a.ny finding or adjudication on the- nerits of
the case and without constituting any admission by the defendants of
discrimination.
By entering into this Consent Decree, the undersigned defendants
do not ' ad it to, 'nor has the Court made any determination that there
is car 'has been violation of any ,last, right, , rule or re4ulation. This
Consent Decree is an enforceable declaration of defendants ' desire to
continue and further implement an effective and affirmative equal
employment opportunity policy beyond the affirmative action policies
currently in effect at the County of Contra..Costa. No findings of
arry kind have been issuedby the Court substantiating any of the
allegations made by the ,plaintiffs
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as
follows
I
The County of Contra. Costa and the Fire 'Protection Districts
which have petitioned to intervene in the above' entitledaction as
parties defendant are granted leave to 'intervene and are hereby made
parties 'defendant in the above entitled consolidated actions, :and
their answer is <hereby deemed filed.
IS
The following, plan for ' equal employment opportunity in- Contra
Costa County (hereinafter referred to as "Yffirmative Action Program" )
is hereby adopted and approved by this Court and the parties are
directed to follow its provisions :
A. Goals and Timetables .
A-1 . It is the goal of the parties that the percentage of minor-
ities and females employed in each job classification and each- depart-
ment in county employment ' reflect. the supply ,of quali.fiec members. of
minority groups and females in the work force in Contra Costa County.
A--2 . Action. to .attain the goal of the parties will be carried
out: within the context of the merit system.
,A-3. Defendants will .supply plaintiffs with a numerical and
percentage breakdov=n or. :.each r-i nq,4!ity and for fe na 4_*_arr -e:d in
each_ ob -c s�.fioation .and each department jn county. ,employment, as
reflected by data.. available to the defendants.
R-4 Specific goals shall be obtained by- making the following
determinations
a. Whether imbalance in the number of qualified females
or minorities employed exists as to any specific job classification.
b. The number of females and minority es which should be
included in county employment to correct any such imbalance which is
found to exist .
C. Timetables setting inter-i.m' and- final target dates by
which specific progress towards correcting such Imbalances should be
attained. -
-2-
A-5 .' Criteria for specific goal determination.
a. The percentages of qualified minorities and females
in the work force in Contra Costa County shall',be determined from
the most recent available State of'California 'Employment Development
Department Affirmative Action Data. If such data, does not provide
information adequate to make a clear determination as to the work
farce, composition for a given ,fob classification, the 'parties shall
rely upon other, information which shall be given weight in ;accordance
with the objectivity, experience, and expertise supporting it.
b. , Imbalance in the number of females or minorities
employed shall be ,deemed to exist only ; when such number is less, than.
80 of the number representative of the percentage ` available in the
work force of _Contra Costa County qualified for a given job classifi-
cation.
C . When imbalance exists , a goal for affirmative action
shall be established such that the number of females or minorities
employed shall be not less than 1GO a of' that number reflecting employ-
m6nt ;equal to the ' percentagecif qualified f ema.le car minorities in the
work force in Contra Costa County for the classification.
d. Timetables for progress shall be based upon the 'yearly
number of vacancies occurring, within the job classification, through
employee turnover and the creation or elimination of neer positions .
If such vacancies are filled only from open examinations the time-
tat le_ shall assume that the proportion of such vacancies per ;year
which can be filled by qualified female and minority persons is 1 1./2
times the proportion of such persons as are in. the work force in the
County. If such vacancies are filled from promotional examinations,
the timetable shall be based upon the same assumption unless defen-
dants' can demonstrate that an adequate 'number of female and minority
promotional candidates- cannot be made available; in which case a.
reasonable timetable shall be ''determined. Timetables. .shall include
yearly interim goals
A--6. Specific goals and timetables that have been determined
shall be subject to review and reconsideration the written
request of either party setting forth its contentions ,and reasons, at
yearly intervals, beginning January 1,; "1976,
A-7. Defendants will: monitor all hirings and separations from.
county employment. ("separations" includes. d smisssa.ls, resignations ,
layoffs, rejections .of probationary employees, retirements., . or -any
other >methnds by which an employee leaves county empldyment-) ; :and will.,
report to pla. n.t ffs at six month '.intervals beginning January 1, 1976,
as- to the number of females and minorities by clas*sif cation who were
hired or terminated during the period.
..................................................................................................................................................................................
A-8 . Defendants will review each job classification to which
there, are t!"irtY or more positions allocated, and shall submit the
following information to plaintiffs as 'a.- proposed determination:
a. A statement as to whether imbalance in the number of
females or minorities employed exists as to the classification,
b. If an imbalance is found to exist,, a statement estab-
lishing a goal for affirmative action.
C. If a goal for affirmative action is established, a
timetable for progress and accomplishment of the- goal.
d. Defendants shall provide a written statement of the
purported factual basis for each determination.
After completion of the above described review, defendants will
review or re-review any job classificationI g includinthose to which
c-,
fewer than thirty positions are allocated, upon plaintiffs ' written
request, delivered to the Director of Personnel.
A-9 . * Defendants ' rev--*Lew obligations shall be accomplished as
follows :
a. First priority ,shall be given to classifications
limited to males only, on July 1, 1974, provided that plaintiffs
request such priority review in writing.
b. Second priority shall be given to classifications as
to which requests for examinations are pending.
C. Third priority shall be given to classifications
having the largest number of allocated positions .
Defendants shall complete a review of all job classifications
to which thirty or more positions are allocated by January 1'
1977 .
The proposed determinations resulting from each job >classification
review will be mailed to plaintiffs after completion.
A-10. Two weeks after any of defendants I proposed determinations
have been mailed to ' la-I. ntiffs, such- determ-tnations . shall become final
p I
unless-. the plaintiffs give written notice that such determinations are
unsatisfactory.
A-11. If plaintiffs -give notice that a proposed determination as
to any, classification is unsat'Isfactory, the. partie's will attempt to
reach agreement as to:
a. whether or not - Imbalance exists.,
b . affIrmative action goals
C . timetables
-4-
if agreement is not reached within one month of such notice,
the matter shall be referred to the Civil Service Commission for
hearing and decision. Plaintiffs may appal the decision of the
Civil;.Service Commission and invoke arbitration by written notice
delivered to the Director of Personnel within one week after notice
of decision .by, the Commission.
A-12. Determination of imbalance includes ' inter alia makin
findings as to the number or proportion of each minority and of
females in the wort force who are qualified to perform the 'specific
job classification and are willing to apply for county employment.
;:`a. For the purpose of determinations hereunder it will
be presumed that the most recent available State of. California
Employment'' Development Department (EDD) Affirmative Action Data
shoving the proportion of .females and orf each minority in the work
force '.in given' job classifications in Contra Costa County correctly
describe the proportion of qualified' females and of each minority
'in the work force with respect to similar Count; ;job classifications ,
provided that the 'EDD data includes information from which a reason-
ably accurate match between County job classifications and EDD job
classifications cars be determined.
b . In: matching County classifications with the most
appropriate EDD classifications, the Defendants shall have the burden
of proof. Either party may contend that the work force figures
resulting from an appropriate match between County' and EDD classifi-
cations should: be 'adjusted to more' correctly describe the work force
for the County job classification but such contentions ''ana any
adjustment re:sul.ting therefrom must be based upon substantial evidence ,
and the party d.es`iring such adjustment has the burden of proof. The
minimum qualifications expressed for a >given job classification by
the County shall be of substantial evidentiary value but shall not be
conclusive in ascertaining the existence cif` imbalance,
B. Minimum Qualifications
B--1. Whe-n it has beer' determined' that an imbalance in the number .
of females or of any minority employed exists as to a job classifica-
tion, the mi.n mum qualifications for that classification shall be
subject to review as' provided 'herein,. upon plaintiffs' written request
delivered to the Director ;of Personnel.
B--2. When a 'review of minimum qualifications has been; requested,
they shall be reevaluated with. a, vier to isolating and eliminating
probable factors which disproportionately reject females or minorities
without being job related.. Requirements such as .experience in
unskilled positions and education in nonprofessional or nonmanagerial
positions will be 'sub'Ject to special study. ' The defendants will be
responsible for showing that -mi.n1mum. qualifications are reasonably,
related to job performance. theparties <will attempt to reach
agreement as to 'job related minimum qualifications for each such
classification. M
B-3. After reaching; a proposed agreement, or ifagreement is
not 'reaches: within one month'after a 'review of given- minimum a_ua.li--
f1cations has been requested, the natter' shall be referred to ;the
Civil Service Commissionfor; hearing; and decision. Plaintiffs may
appeal the decision of the Civil Service Commission and invoke
arbitration by written notice delivered to the Director of Personnel
within cane week `after notice' of decision by the. Commission.
B--4. Limitations as to sex' sha11 be eliminated from all
classification Spec ifi.catiOn . Specific positions may be limited
as to sex only when such limitation is a -bona fide .occupational.
qualification.
B-5. For classifications limited to males only on July' 1, 1974,
existing eligible lists shall be 'cancelled.
C . Examinations
C--1. The County shall inform plaintiffs monthly in writing of
all Civil Service examinations requested by county departments .
.
C-2 . When it has been determined that an imbalance in the
number of females or minorities employed exists ,as to a job classi-
fication., and, revi.evi of the minimum- qualifications for that classi..fl-- '
cation has been requested and completed, examinations for such
classifications shall be subject ' to the 'provisions contained 'herein.
C--3. Defendants will give pl.a.i.ntiffa notice` of the breakdowns
as to the sex and minority status of these persons taking and those
persons passing such eramInation , including the ranking of those
passing, without indcating names.
C-4 . Testing Imbalance 'shal'l be deemed to exist. 'In an examina-
tion if the passing rate of the number of qualified females or,
minorities who participate in the examination is less' than 800 of
the passing rate t f' the remaining participants. If testing imbalance
exists as to the 'number of, females or minority examinees >who pass an
examination, .'such 'examination results will be discarded upon the
written request of plaintiffs, delivered >within two weeks after notice
of the breakdown has been furnished, unless defendants within one week
of such demand give notice to plaintiffs requesting that the examines--
tion be reviewed.
G-5. When the results of a test have been discarded underPart
c-4. the County shall: ad3nin1s>ter such re--exa:.raination ,or hero examna-
-6-
tion as the Civil Service Commiss on may determine. If test imbalance
exists as to the number of females or minority examinees who pass the
second examination, such 'exam nation shall be 'subject to review as
provided herein upon: plaintiffs ' written request delivered within
one geek after notice of the breakdown has been furnished.
C--6 . When an ex .min,,itioh review has been requested, ,the County
will be responsible for showing that " the examination components and
requirements are ;fob related.; The parties drill attempt to reach
agreement as to examination content.
C-7 . After reaching a proposed agreement: as to an examination,
or if agreement is not reached within one month after an examination
review .has been requested, the matter shall be referred to the Civil
Service Commission for hearing and decision.. Plaintiffs may appeal
the decision of the Civil' Service Commission and invoke arbitration
by written notice delivered to the Director of Personnel within one
week after notice of.decision by the Commission.
C-8. if there is no test imbalance as to the number of females
or minority examinees who pass the test , but more than 75% of such
fe€ ales and 'minorities are ranl.ed in the lower half of the range of
passing scores, the examination shall: be subject to review as
provided herein upon plaintiffs ' written request delivered within
two creeks after notice of the breakdown has been furnished', unless
defendants determine to discard the examination results and notify
plaintiffs in writing. Such review will be carried out under the
procedure set forthi.n Parts C-6 and 'C-7»
C--9`. No oral examination for any entry Level classification
as to which imbalance exists >'will be administered unless the oral
board includes at least one female or one minority person. - One
female or minority person on the beard shall be ,representative of a
group as to which such imbalance exists, ;,unless a qualified repre-
sentative is not reasonably available, in which case defendants
shall furnish a wr- itten :explanation to pl;ai.ntiffs.
C-1€3. Information as to the ; race and sex of applicants for all
examinat ons 'will be >kept' by „defendants and furnished--;to plaintiffs
promptly as -it is compiled.
D. Recruitment >'
D--1. The County shall attempt to reach minorities and women
and attract them .to apply for- county employment. The affirmative
Action-Officer shall >make serious efforts, to insure that women and
minorities do apply for County employment.
D--2. Feerultmen.t steps >shall include, but not be -limited to
the 'following:
-7-
a. Publicize the Affirmative Action Program regularly,
through appropriate channels which may in-elude newspapers, and, on
a public service basis, radio and television.
b. Work closely with minority and women's groups and
minority and women's training programs in recruiting minorities
and women to apply for jobs'.
c. Schedule examinations for entry level classifications
with a. large number of positions< in East County (Pittsburg) and gest
County (Richmond) as wel.l. as Central County (Martinez) .
d. Take a. special, effort to recruit welfare recipient's
to county employment.
D-3. Every sig months ;the county shall'mail with all.. AFDC
checks and all General Assistance checks information as to known
pending examinations' and the procedure to apply for county employment.
D-4 . Social wor kers and eligibility workers shall be rade
aware by circulation of written notice , of pending examinations and
emiployment opportunities and; shall advise potentially employable
recipients upon application or annual review as to such opportunities,
including infor,-�ation as to provisions available under the AFDC
program.. for 'working parents
D--5 . Appointment, transfer and promotion practices shall be
eval'ua:ted.. Appointing authorities, supervisors, and evaluators
shall be informed of the Affirmative lection Program and :of their;
responsibilities in implementing ; it . I-1hen there is imbalance in 'a
job classification and a. female or minority is passed over in favor
of a person who has scored lower in the final examination results
the Director of Personnel shall require 'a written ,justification from
the appointing authority' upon written request of the plaintiff or
the <adversely ,affected party.
D--6'. County s'nall make 'reasonable .efforts to develop justi-
fiable
ustifiable train ag_'Positions that wi.11., lead to _employment in higher
cl.a.ssi:fica.ti.ons
D-7'. De.fend.ant shall supply plaintiffs every six months with
information concerning neer or adci.tional, project' employment programs
and/or employee >training programs that are adminlstered ;by the
Couhty, including a racial and- sex breakdown of all project employees .
County shall institute_ procedure's whereby project employees may be .
gaal..if ied through the' civi.I service` process . and transfer to regular
county employment.
_:.fir. ..
E. Separation Review
E--1. All persons separated from, County employment will be
furnished with a written fora irzdi.cating they may appeal within two
weeks, to the Affirmative Action Officer and the Civil Service
Commission, in writing or'in >person, if they believe the separation
was motivated by discrimination based on sex or minority status.
E--2 In cases of .such appeal, .the Affirmative Action Officer
shall investigatethe circu .sta.nces surrounding the separation and
attempt to mediate tie problem. If the Affirmative Action Officer
is not able to resolve the problem to the satisfaction' of the
,employee-, the matter >shall be referred to the Civil Service Commi.sston
which will hear all persons concerned and render a written decision
as to whether the separation was :motivated by discrimination based
on sex or minority status, and make a determination accordingly. A
copy of the decision `shall be furnished the employee. The Commission.,
if permission by the 'employee> is 'given, shall furnish plaintiffs '
attorney with a copy :of the decision.' The Cor issi.on may refer
appeals` hereunder to a hearing officer for hearing and; recomr;iended
decision.
E--3. The employee may appeal a decision by the Co i:ssion here--
under to the California State Courts_ in 'accordance with Cede o� Civil
Procedure §1094 .5, and a decision` by the Commission hereunder shall
not limit the employee l s .ri.ght to proceed in Federal Court.
F. Administration
F--l. The County will appoint an Affirmative Action Officer with
the same authority as a Civil; Service Department division chief, whose
duties will include working with plaintiffs ' 'representative in carry-
ing out the County; s Affirmative :Action 'Px!ogra:rm; Such person will be
responsible ble for implementation of the procedures provided for 'herein.
Plaintiffs' views as to the desirable qualifications for candidates -
will' be Invited before an Affirmative Action 'Officer -is appointed.
F_2: Plaintiffs' may .request determination as to the existence
of imbalance i,rithin specific ;j ob� classifications in specific depart-
ments. Upon such request the provisions of Part A shall. be applied,.
Goals and timetables shall be established for the department if such
imbalance is. round to exist.
-F*-3. Pending -negotiations , reviews, determinations as to
imbalance, third ;party references, or any, other procedures hereunder
will not prevent the County from proceeding with examinations and
the appointment f ezployees,>' but.
a. County twill attempt to , redolve. equal employment oppor-
tunity issues before administering examiriations, arid, trill give'
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Aw
plaintiffs notice before proceeding with the examination and employ
meat >process in, an; classification as to 'which equal employment
opportunity issues hereunder are pending and unresolved.
b. Eligible lists resulting from examinations riven
pe.ndini; resolution, of equal employment 'opportunity issues 'hereunder
will be limited in duration to six months.
C . When imbalance in ;the number of females' or minorities
employed has >been'f determined to' exist as to a ;job classification
rii
plaintiffs may request that exanations not be given or that
appointments not <be made, pending resolution of pending specific
equal: employment opportunity issues hereunder. - Such request shall
be directed in writing to the Civil Service Commission. and must
demonstrate cause why the examIna:ti.on or employment'. 'process should
be postponed. The Corm-rUssi.on shall make a decision
on the matter
after hearing. if plaintiffs are not; satisfied with the decision,
they may require review by arbitration by giving written notice to
the ' director of Personnel within one ,week after the decision. The
arbitrator shall have all' powers ;necessary to ;make an effective
award, including power to order a; stay of examination or employment
procedures pending award. In; determining whether to stay examination
or employment procedures ,; the arbitrator shall follow the substantive
legal principles 'applicable to -injunctive relief in the federal
courts of the United States .
d. Civil Service Commission hearings shall be completed
and decisions made within one month after any matter, excepting
separation appeals under part; E, is referred to the Commission for
decision.' The Commission ray extend the time for hearing and decis-
ion.'for good cause, set forth in writing.
Arbitration
a. In eachcase in wh:�ch arbitration is invoked,, if within
two weeks an arbitrator has not been agreed upon, 'the . parties shall.
select a single arbitrator .from -a' list of five names submitted alter-
by -the
.lter-
by the American Arbitration Association and the California
State Conciliation Service. If the parties are unable to agree, each,
beginning with the plaintiff,' shall strike one name in turn and the
lastremaining mama on the list shall' be _the arbitrator.
b. Subject to the provisions hereof, the arbitrator shall
-determine, all con'test'ed issues concerning '-procedure or evidence.
C. The subjects of arbitration are limited to 'decisions
of the Civil 'Service ''Commission which> are subject to appeal and as to
'w.h1crz arbitration has been invoked as expressly provided herein.
d. The arbitrator shall affi.rm, modify, or reverse the
decision of the Commission. The '.arbitra'tor' s determination on the
merits shall be based only upon the facts and arguments previously
exchanged I in writing between the parties and the record; (if any) of
the Civil Service C ommissi,on proceedings; rprovided, that either Ipanty
may support previously introduced written opinions of experts with
rural 'testimony by ' such experts . In making; such determination the
arbitrator small exercise independent ;judgment.
e. The .arbi.trator''s determination shall be 'written, shall
state` the grounds on ithioh it is based, shall include an award of
costs' and attorney fees to the revailing party, shall be delivered
to both parties '-by mail, and shall' be subject to- review or reconsid-
eration
econsi.d-eration after two years from the date 'thereof.
w:
f. Not later than >fifteen days after delivery of the
arbitrator's determination either party may apply in writing for
correction of the award upon any ground set forth in Section 11 of
Title 9 of the United States Code,; giving notice thereof to the
other party, which may file a 'written objection thereto within ten
days . The arbitrator shall either deny the application or correct
the award' within thirty days after receipt of the application for
correction. Failure of the arbitrator to act within such thirty
day period shall constitute denial of the application for correction.
g. Arbitration hereunder is subject to enforcement or
review by ; the above-entitled Court as >provided in '_`itle 9 of the
United. States Code .
F-5. Plaintiffs ' counsel shall maintain an advisory board -in
connection with the implementation of the above de cribed" program.
Said boar: shall include representatives of each minority resident
within Contra Costa County, all interested women and employees '
organizations, and all ogler interested groups and ;persons Member-
shIp In the advisory beard shall be open and meetings held regularly.
Plaintiffs' counsel shall. ' maintain. publicity regarding the advisory'
beard' and shall ma.L t. i_n contact with ,community groups -regarding the
Affirmative Action Program.
F-6. Defendants shall assist plaintiffs by paying the necessary
and actual expenses of up to 12 advisory beard members for 'up to 18
meetings per year for 3 years. Such expenses shall include transport-
ation not to exceed .15 per mile, child care not to exceed $5.00 per
meeting, and necessary meals not to exceed $3.50 per meeting.
F_7. All .notices, requests, or demands, shall be in writing,
must be liiaited to a single classification, examination,. or Civil
Service Commission decision, and may be delivered by deposit in the
United States mail, postage prepaid. Notices to defendants shall be
addressed to the Director of Personnel, 651 Pine Street, Martinez
CA 94553• Notices to plaintiffs shall be a.dd:ressed to Contra. Costa
Legal' .Services Foundation, P. 0. Box 1669,' Richmond. CA 94801 .
F-8 . All actions taken on behalf of plaintiffs hereunder shall
be taken by plain'tiffs ' counsel of record car by such representatives ,
not exceeding four in number, - as nay 1�e designated by written notice
frorr: plaintiffs' counsel to the Director of Personnel.
F-9 . Definitions:
a.' "contra Costa County" means the ; geographical area and
political entity cif the State of California known as the County of
Contra Costa.
b. "'county employment" means. all employment under the
jurisdiction of the Centra Costa. County Board of Supervisors and
the Contra Costa 'County Civil >Service 'Cornission.
C . "defendants" .Means the parties defendant in ;the above
entitled action and their ';agents, servants and employees .
d. "Director of Personnel`` means the appointed or acting
Contra Costa 'County Director of Personnel.
e. `texaninatio " ,means those tests of fitness which' are
administered candidates after the 'applications are accepted and
which' result "in determination as to placement on ,an eligible list or
disqualification,, ' and includes written tests, performance tests,
physical agility tests, ratings of training; and experience, ; applica-
tion evaluations, qualifications appraisals by oral interview and/or
other methods specified by the Civil Service Commission.
f. , "imbalance" means Imbalance as described` in .Part A--5'b .
g "minimum qualifications" means that part of a Contra
Costa County classification specification designated as minimum
qualifications.
h. "party" or "parties" means the defendants and the
plaintiffs as defined herein.
i. "Plaintif"fs" means the 'counsel of record for plain-
tiffs in the above entitled action` or their designated representa-
tives.
qualified females" or "mi ori.ti es" means female or
minority >persons qualified to ,'perform a job described in a Contra
Costa County classification specification, and willing ;to apply for
county employment
k. "testing imbalance" mea.ns . testing imbalance as
described In Part ;c-4.
_12
1. "work ;force" means the body of people available for
eriployment residing in Contra Costa County.
F-10. The foregoing plan'' is subject to modification as follous
a.. By written agreement of the parties through their
counsel of record, approved by the Court .
b. dither panty by noticed motion may apply to the Court
for :an order ''nodi Eying said plan upon> a showing by clear and convinc-
ing evidence that such modification is necessary- to avoid' irreparable
injury to a party, or to accommodate unforeseeable or changed circum-
stances .
III
Nothing in this Consent Decree shall require or be .construed to
require _defendants to hire , discharge, promote or ;demote any employee ,
to hire or maintain more employees than are needed to perform the work
available , to create any ,fob classification, or to continue in
effect any work or job classification now 'being performed or in
existence.
IV
Insofar as the above entitled consolidated actions express
claims for money damages or either individual relief not provided
for in `this Consent-, Decree , the sane are hereby dismissed,' without
prejudice..
V
The above entitled consolidated actions are 'hereby determined
to be class actions under Rule 23(b) (2) of the Federal Rules of Civil
Procedure. The Court 's orders re notice to individual class members
heretofore entered i the above entitled actions are vacated.
VS
Defendants shall pay the following costs and attorney fees
A. Costs. $1,.143.00 payable to the Contra Casts. Legal Services -
Foundation.
B. Attorney Fees : "$10,428.00 payable to the Centra Costa Legal
Services Foundation..
VII
As to t1he claims .for money damages ear either in' divi.dual relief
dismissed herewith, statutes of lir Cation applicable to the
146-3
s:
1 k�. i ci Ctfi of court s"'. --cceed-:ta"`1',. s c.+� �4.,�+,Y 'i3CIE'Ci ' Y � � " Ie len.Z'y 0f
Costa anci %;Tts Fire Dfstlricwsate Of %I1:i � Orde.- Permit--
" YY1 %i1 .r -.1%C4-ve t.ion, d.1 } as to tt:e Co Z-,-- r-orta County Board of
Supervisor-- arid the cont cfi. COZta i;ouri y CJ-V:.1
,ro,*I ;.10vtn'a.r 5 ,, 2j73y c ) as to the irid- vi(lual defendants, from
juric 15J73 .
V11i
t"[he GI}tat C{a�? �,:C)t.:nt.; � V:.�. aCrti'iCe . 11 receive
ccz--l�":.�s.nts froi persons t^t-s ': +=a 1� employment :`Gis:C. i-nat�.cn account
0., their sex or minority status , va? a Ii-elieve -whey are
entitled to relief on vccvux 4 o3 sten disci i—inatIon oy the -County
=re entour s.E;ed to f lti vtil..h ,t-p. Ccmriiss-car., Such com—
Paints i- wll not: I i,la t vile rj6 1L s of such individuaI3 to court
relief.
TN'
This Cox.,ant Decree s a final judgment and is e- fec tive as of
Lne caste ' it: is f i 0,w w h tyle �0),I t . i.ae Cc�uy t �,r;� � :et�in fur s--
d-ictiori of tliese actions to i-sur e corzwp:.,Jc.nce with the Af fir atf Ve
After< five years entry c'f this Consent
Decree either party by 'noticed motion may apply to the Court for an
order Vacating said decree and tlies e ''actr.o2"z or,. the
QA—ou,IU t,s,c.t furtl,,e. sarpervIsIon by the Court is not necessary..
s
D at.e,-; October 14, 19755
fsl Star„e'f A. Weigel
United States District Judge
CROSKREY CONSENT
DECREE
ADVISORY BOARD
MEETING NOTICE
HAVE YOU, OR SOMEONE YOU KNOW, BEEN
TREATED UNFAIRLY BECAUSE OF YOUR SEX
OR RACE BY CONTRA COSTA COUNTY?
COME AND JOIN US!!!!
DATE: MAY 22, 2003
TIME: 6:30 P.M.
PLACE: 3338 MT. DIABLO BLVD.
LAFAYETTE, CA
(COUNTY SUPERVISOR GAIL UILKEMA'S
BRANCH OFFICE MEETING ROOM)
IF YOU HAVE ANY QUESTIONS
PLEASE CALL PRICE AND ASSOCIATES
(510) 452-0292
THE PUBLIC IS INVITED TO ATTEND
(TURN OVER FOR MORE INFO)
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