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HomeMy WebLinkAboutLetter_1945_June 12_Robert J. Stahlo ~, ~~t~ ~~~r~a~eE~' ~e#~xE~e~t~ ~~~te~ 1103 CITY HALL LOS ANGELES. 12, CALIFORNIA June 12, 1g~+5 Erma Keeler, City Clerk 3pnta Ana, California Dear Madam: BOARD OF ADMINISTRATION JULIUS V. PATROSSO PRESIDENT JOSEPH E. HOPPER VICE-PRESIDENT LUTHER C, ANDERSON WM. J. McNICHOLS L. J. THOMPSON ROBERT J. STAHL MANAG ER•S ECR ETARY In response to your request, I have considered the ques- tian submitted in your letter to me under date of June ~, 1g~+5 as to whether an employee who works less than 50 percent of the time or Taho has been employed less than six months is entitled to vote at the coming employee election. Sec, 3~ (c) 1 of the Act speaks of an election "to permit the employees proposed to be included in the retirement system to express by secret ballot their approval or disapproval of said retirement proposal .'I 3o far as the employee with less than six months city service is concerned, it is my opinion that he is entitled to vote because he will automatically become a member of the system upon the comple- tion of six months service. Frankly, I do riot feel so certain of a firm opinion with respect to employees working less tr.~n half time, although I am inclined to the opinion that under sectior. 3~ of the Act such employees are not eligible for me~nbershi?~ and therefore should not vote. The section spews of employees serving on a part-tide basis unless they were members July 1, 19.1. Obviously, the Act is referring only to state employees, but for purposes of defini- tion, *ahen we consider the case of a municipality, a person who ~~ ula be within the definitior. for state employment would be T~~ithin the definition for city employment. Employees serving on a part-tide basis do not become members unless their employment is regular and continuous and will extend for more th~;n oneyear "end requires service for at least one-half the time required of employees in the same group or class, serving on a Pull-tide basis.' I incline to the opinion that this language T~~ould operate to exclude any person working less than half tine. Practical considerations lead me to ask hots many such employees there might be. If there were a very small number, the probabilities are that their votes would not affect the decision Erma.- Keeler, City Clerk -?- June 12, 1945 to be reached materially, one way or the other, end certainly no harm could be done in permitting them to vote. All other things being equal, it would be much better to err on the side of permitting tine vote than to run the chance of erring; on the side of excluding them. I wish you would call me wren you have read this 1 etter and let me know how many 'Mess than half-ti~ie~~ employees there are. Yours very truly, Robert J. Sta (MI-5211, sta-2102) RJS LJ ~ ~ June 8, 194.5. :sir. Ro t;ert J. St<~hl City Employees' Re ~irement Sy tera 113 City Hfill, Loe 1,ngeles it:', C~+lif. DeU.r Nr. ~tah1: I ~2m seeking €~.dditiona.l ir;formetion on the em~Ioyee election to ~artici~~,~te in the St~.te Bmoloyees' z~~tiremer~t System... In your opinion is ran employee eligible to vote <ho ~~orks les$ than fifty percent nr who hzs bEen emr,loyed less t:'~~.n six months: A._+:?rPCi.~ting ~.n early re~1y*, I ;:gar Y~u:rs very truly, City Clerk.