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-