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HomeMy WebLinkAboutResolution No. 5631RESOLUTION NO. 5631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING A PRO- CEDURE FOR PROCESSING AND RESOLVING REQUESTS TO CONTINUE IN EMPLOYMENT BEYOND MANDATORY RETIREMENT AGE. WHEREAS, Section 31671.03 of the California Government Code allows miscellaneous members of the Marin County Employees Retirement System to continue in employment irrespective of age upon certification of the member's competence in employment pursuant to Rules and Regula- tions adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for processing and resolving requests to continue in employment beyond mandatory retirement age. 1. Miscellaneous members of the Marin County Employees Retire- ment System may not be retired against their wishes for age alone. This provision does not apply to safety members. 2. Miscellaneous members of the Retirement System who wish to continue in employment beyond their 65th birthday must so apply to their department head in writing not less than 45 working days prior to their 65th birthday. Department heads shall apply, in writing, not less than 45 working days prior to their 65th birthday, to the City Manager. 3. Within 10 working days, the department head shall complete a performance evaluation on the employee in the same manner and using the same standards as though it were a routine annual performance evalu- ation. If the overall evaluation shows'that the person meets or exceeds standards, the department head shall certify the employee may continue in employment per Section 31671.03 of the California Government Code. If the overall evaluation shows that the affected employee's work is less than satisfactory, the department head shall not so certify. In the case of department heads, this provision shall not apply but the application will be referred to the City Manager for review. 4. Failure on the part of the department head to complete the evaluation within 10 working days of application shall be deemed a certi- fication per Section 31671.03 of the California Government Code, and in the event the applicant establishes the fact of application and no evaluation has been performed, the City Manager shall issue and execute the certification. 5. The decision of the department head or the City Manager may be appealed by the applicant or department head to the Board of Review in writing within 5 working days of the date of the decision. 6. The Board of Review shall schedule a hearing on the appeal within 15 working days from the date of its filing and shall receive evidence, oral and documentary, on the issue. The decision of the Board of Review shall be final. 7. Certifications issued under these regulations shall be valid for a period of one (1) year. The affected employee's 65th birthday shall be re-established as the due date for the annual performance evalu- ation and the same process as outlined above shall prevail in each subsequent year. - 1 - () R�guN��L y I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the fifth day of March, 1979, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Misk.imen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None jWfqE M. LEONCINI, City Clerk -2-