Resolution No. 4028
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.1 RESOLUTION NO. 4028
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, RESTRICT IN
THE EMPLOYMENT OF INDIVIDUALS RELATED TO OTHER SPECIFIED EMPLOYEES
3 WITHIN THE CITY OF VERNON.
4 THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
5 WHEREAS, the City Council of the City of Vernon has had
6 a prior informal policy of restricting employment to non-related
7 persons within the City of Vernon, and
8 WHEREAS, in the interests of harmony and departmental
9 morale it is deemed necessary to formally adopt a policy regarding
10 such employment, and
11 WHEREAS, said policy is not intended in any way to
12 limit employment because of race, color, creed, sex, or national
13 origin,
14 NOW, THEREFORE, THE CITY COUNCIL RESOLVES AS FOLLOWS:
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SECTION 1: That no spouse of an employee of the City
16 of Vernon shall be employed by the City of Vernon except on an
17 emergency and temporary basis.
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SECTION 2: That certain specified relatives of
19 department heads and those in a grade immediately below a
20 department head shall not be employed by the City of Vernon
21 within the department for which the department head or the party
22 in the grade immediately below the department head is employed.
23 The relations which are prohibited from such employment are as
24 follows: Brother, sister, child, parent, brother-in-law, sister-
25 in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law,
26 stepchild, or step-parent. In addition, no person shall be
27 employed by the City of Vernon within the relationships set forth
28 in this Section who is assigned to tasks or duties which may be
29 supervised by a party within the relationships set forth herein,
30 regardless of whether said supervising party is a department head
31 or a person in the grade immediately below a department head.
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SECTION 3: The City Council of the City of Vernon
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hereby determines that the foregoing shall take effect for future
employment and shall not in any manner restrict the employment of
existing employees of the City of Vernon.
SECTION 4: That the City Clerk of the City of Vernon
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5 shall certify to the passage of this resolution, and thereupon
6 and thereafter the same shall be in full force and effect.
7 ADOPTED and APPROVED this 19th day of January, 1971.
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C1ty C er
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~ I, F. A. ZIEMER, City Clerk of the City of Vernon, do
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
5 hereby certify that the foregoing resolution, being Resolution .
6j No. 4028 ,was duly adopted by the City Council of the City of
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71 Vernon, and approved by the Mayor of said City, at a regular
8 meeting of the City Council held on January 19, 1971
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CITY COUNCIL
ROBERT J. FURLONG, MAYOR
GENEVIEVE: H. ANl!JERSON
CHARLES H. MAILLIARD
THOMAS A. YBARRA
LEON IS C. MALBURG
TELEPHONES
CITY CLERK - - .
POLICE DEPT. - - -
FIRE DEPT. . . - -
BUILDING DEPT. . -
ENGINEERING DEPT. .
HEALTH DEPT.. . -
583.1666
587-8135
583.4821
583-1666
583-1666
583-1666
CITY HALL
4305 SANTA FE AVENUE
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VERNON. CALIFORNIA 90058
September 28, 1970
Mr. F. A. Ziemer
City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
Dear Mr. Ziemer:
OFFICERS
F. A. ZIEMER, CITY CLERK
L. R. BURCH, CITY TREASURER
C. H. McGOVERN, CITY ATTORNEY
ARTHUR E. NELSON, JR.. CITY ENGINEER
D. D. GRAYSON, TRAFFIC ENGINEER
R. H. KING, SUPT., WATER 8: SEWER SYSTEMS
DR. C. E. NEMETHI, HEALTH OFFICER
VINCENT R. BUSH, BUILDING OFFICIAL
LESTER C. HUSTED, FIRE CHIEF
R. H. BOCKHACKER, POLICE CHIEF
IN REPLY REFER TO:
Following your inquiry of September 25, 1970,
this is to advise you that I have had an opportunity to
examine Part 4.5 of Division 2 of the California Labor
Code pertaining to fair employment practices. The basic
law is that all persons shall have the opportunity to
seek, obtain, and hold employment without discrimination
because of race, religious creed, color, national origin
or ancestry. The question you specifically raised pertains
to whether the City or, for that matter, any other employer,
might adopt a rule or regulation restricting employment
within a department to only one member of animmediate
family, thereby excluding other close relations from being
employed within the same department.
I believe there are two approaches which can be
taken in this manner, as follows:
(l) The City of Vernon is the ultimate employer
and the restriction of employing close relations
within a single department would not deprive such
relative from applying for employment by the City
in another department.
(2) That the language set forth in the Labor
Code Sections 144l and 1442 do not cover the
situation referred to above. This is arguable
because of the fact that prosections use the word
"ancestry" and this might be deemed to include
relations. I do not anticipate that the word
"ancestry" could be used in a husband-wife relation-
ship.
If the City were to adopt such an employment rule,
it would be my suggestion that the limits of the relationship
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be defined in the rule, with recitals indicating why the
City felt this was a reasonable employment rule and perhaps
indicating that nothing contained in the rule should be
deemed to encourage any violation of the fair employment
practices act.
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CHARLES H. MCGOV~N
City Attorney
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