HomeMy WebLinkAboutAgenda Report - June 1, 2005 E-12AGENDA ITEM OPTL
kok CITY OF LODI
COUNCIL COMMUNICATION
7M
AGENDA TITLE: Introduce an Ordinance Repealing Lodi Municipal Code Chapter 2.44.030 in its
entirety relating to the Maximum Age of City Employees
MEETING DATE: June 1, 2005 City Council Meeting
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: That the City Council introduce an Ordinance repealing Lodi
Municipal Code Chapter 2.44.030 in its entirety relating to the
maximum age of City employees.
BACKGROUND INFORMATION: Chapter 2.44.030 of the Lodi Municipal Code outlines the
procedures to be followed for the termination of City employees who attain the age of seventy (70) years.
Although not contrary to the California Fair Employment and Housing Act (FEHA), which generally
prohibits involuntary retirement before the age of seventy (70), it is the position of the City Attorney's
office that no person employed in service to the City should be dismissed from employment solely on the
basis of attaining their seventieth (70th) birthday. Retirement should be a matter of voluntary choice not a
requirement. Termination of employment may be based on a loss of skill, competence or productivity,
but not upon attainment of an arbitrarily selected age. Therefore, it is requested that the City Council
take the recommended action.
FUNDING: None.
FISCAL IMPACT: N/A
4ep
ice D. Magdich
uty City Attorney
APPROVED:
Blair King, Ci y Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE TITLE 2 - ADMINISTRATION AND
PERSONNEL CHAPTER 2.44 BY REPEALING IN ITS ENTIRETY
SECTION 2.44.030 RELATING TO MAXIMUM AGE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Title 2 "Administration and Personnel' Chapter 2.44 is hereby amended by
repealing Section 2.44.030 — Maximum Age in its entirety.
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given
effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care
towards persons or property within the City or outside of the City so as to provide a basis of civil liability for
damages, except as otherwise imposed by law.
Section 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may
exist.
Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of general
circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after
its passage and approval.
Approved this day of , 2005.
Attest:
SUSAN J. BLACKSTON JOHN BECKMAN
City Clerk Mayor
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced
at a regular meeting of the City Council of the City of Lodi held June 1, 2005, and was thereafter passed,
adopted, and ordered to print at a regular meeting of said Council held 2005, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCILMEMBERS—
I further certify that Ordinance No. was approved and signed by the Mayor of the date of its passage and
the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney