§ 3.68.090. Continued employment—Members of the retirement system seventy years of age or over.

The retirement office shall send written notice to any employee who is a member of the retirement system and the employee's department head no later than ninety (90) days before the employee attains the age of seventy (70) stating that if the employee desires to continue employment after the aforementioned mandatory retirement age, the employee must submit a written request to that effect to his department head no later than sixty (60) days prior to attaining said age. Any department receiving said notice from an employee shall, within thirty (30) days of receipt of this notice, complete a written evaluation of the employee's work performance according to its current procedure for such evaluations, or, in the absence of procedure, according to the county's suggested procedure (CAO Form 1/15/73). If a request by an employee to continue employment is not submitted, or the department head decides, on the basis of work performance, not to continue employment of the employee, the employee shall be separated from county service on the last day of the calendar month in which the employee attains age seventy (70). If a request for continued employment is submitted, and the department head decides, on the basis of work performance, to permit the employee to continue in employment, the department head shall no later than thirty (30) days prior to the employee's seventieth birthday submit a written certification to the retirement office stating that the employee is competent to perform the duties of his position in all respects and employment beyond mandatory retirement is approved. The work performance of each employee who has been employed or permitted to continue in employment after attaining the mandatory retirement age shall be evaluated each year thirty (30) to sixty (60) days prior to the employee's birthday. Based upon this evaluation, the department head, no later than thirty (30) days prior to the employee's birthday shall certify to the retirement office either that the employee is competent to perform the duties of his position in all respects and continued employment is approved or that the employee is not competent to perform such duties in all respects and continued employment is not approved. In the latter event, the employee shall be separated from county service on the last day of the month in which his birthday occurs. The department head may also at any other time deemed reasonably necessary by him, based upon a negative work performance evaluation of any employee who has been employed or permitted to continue in employment after attaining the mandatory retirement age, certify to the retirement office that the employee is not competent to perform all of the duties of his position and that continued employment is not approved, in which event the employee shall be separated from county service on the last day of the month following receipt by the retirement office of such certificate. The department head shall concurrently submit to the director of personnel a copy of each certification filed with the retirement office pursuant to this section, together with a copy of the performance evaluation upon which such certification is based. Nothing in this section shall limit the right of the department head or other appointing authority to dismiss any employee for cause regardless of the age of the employee. Provisions of this section do not apply to safety members of the retirement system, nor to employees who are not members of the retirement system.

(Prior admin. code § 2-1.08)