Resolution No. 7702l
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RESOLUTION NO. 7702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 7193 WHICH APPROVED
AND ADOPTED A MANDATORY RETIREMENT AGE OF SIXTY-FIVE
(65) FOR ALL CITY OF VERNON FIREFIGHTERS
WHEREAS, in 1996, the United States Congress amended the Age
Discrimination in Employment Act of 1967 (the "Age Discrimination in
Employment Amendments of 1996"); and
WHEREAS, the Age Discrimination in Employment Amendments of
1996 amended subdivision (j) of Section 623 of Title 29 of the United
States Code to provide, among other things, that it is legal for -a
political subdivision of a state to discharge a firefighter because of
the firefighter's age, if the political subdivision enacts a regulation
after September 30, 1996, and the firefighter is discharged the higher
of the age of retirement in effect on the date of discharge under local
law, and age fifty-five (55); and
WHEREAS, for the purposes of this resolution, the definition
of "firefighter" shall mean all fire suppression personnel and any
other sworn safety member of the Fire Department; and
WHEREAS, firefighters for the City of Vernon are required to be
in excellent physical condition and are required to perform extremely
physical activities under adverse conditions; and
WHEREAS, the physical abilities of the City's firefighters are
critical to the safety of the individual firefighter, his or her co-
workers and members of the public; and
WHEREAS, Bruce V. Malkenhorst, the City Administrator/City
Clerk, recommended that because of the physical requirements of the job
and the safety issues involved, consistent with the Age Discrimination
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in Employment Amendments of 1996, the City impose a mandatory
retirement age of sixty-five (65) for all of the City's firefighters;
11 and
WHEREAS, pursuant to Resolution No. 7193, approved and adopted
on July 28, 1998, the City Council of the City of Vernon imposed a
mandatory retirement age of sixty-five (65) for all of the City's
firefighters; and
WHEREAS, by letter dated January 29, 2001, Bruce V.
Malkenhorst, the City Administrator/City Clerk, has recommended that if
an active firefighter that reaches the age of sixty-five (65) is able
to pass a mandatory annual physical examination and a physical ability
test, they be allowed to continue working as firefighters for the City;
and
WHEREAS, the City will allow firefighters to work beyond the
age of sixty-five (65) if they are determined to be physically fit and
able to perform the physical activities required of them as
firefighters; and
WHEREAS, in order to determine physical fitness, the City will
require all firefighters who reach the age of sixty-five (65) to
undergo a physical examination, including a stress EKG and a physical
ability test at least one month prior to their sixty-sixth (66th)
birthday and each year thereafter, until retirement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
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1 SECTION 2: The City Council of the City of Vernon hereby
2 reaffirms the retirement age of sixty-five (65) for all firefighters of
3 the City of Vernon.
4 SECTION 3: The City Council of the City of Vernon reserves
5 the right toextendthe retirement age for any firefighter, based on
6 the firefighter's ability to pass a physical examination, including a
7 stress EKG and a physical ability test at least one month prior to his
8 or her sixty-sixth (66th) birthday and each year thereafter.
9 SECTION 4: Any provisions contained in Resolution No. 7193
10 not consistent with or in conflict with this resolution'are hereby
11 repealed. In all other respects, Resolution No. 7193 shall remain in
12 full force and effect.
13 SECTION 5: The City Clerk of the City of Vernon shall certify
14 to the passage of this resolution, and thereupon and thereafter the
15 same shall be in full force and effect.
16 APPROVED AND ADOPTED this 7th day of February, 2001.
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18 EONIS C. MAL G, M or
AT7—,
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20 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7702, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, February 7,
2001, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
v
BRUCE V. MALKENHORST, City Clerk
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