1994 AGN JAN 18 I26 - Laserfiche WebLink

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AGENDA REPORT City Council Meeting January 18, 1994 bachelor's degree for a public health program representative, not a certified medical worker but an information officer, was upheld because of the contact of that person with the public and the need for accuracy in handling questions from the public (Rice v. St. Louis (1978) 464 F. Supp. 138, aff'd 607 F. 2d 791). It is important to note that the three factors discussed are not necessarily controlling in any given instance. The courts have upheld educational requirements in other circumstances and have invalidated such requirements in situations that would appear to meet the concerns discussed above. In some jurisdictions, Federal Uniform Guidelines on Selection Procedures have been held to be the mandatory method for validating educational requirements. In California, however, such guidelines have been viewed as merely preferred approaches that need not be rigidly_ applied. The City of Riverside routinely requires bachelor's degrees for its mid-level management positions and has found that in some cases, the requirement has proved to be a burden because once it is set forth in the job description the City has been unable to waive the requirement for candidates that it viewed as otherwise fully qualified for advertised positions. While, as Mr. Johnson has reported, the trend in recent years has been for cities to require a particular degree or experience equivalent to such a degree, the City of Colton is not required to adhere to that trend. On several occasions members of the City Council have indicated their intent to upgrade all management positions by requiring certain minimal educational accomplishments related to the job to be performed. As these positions are reviewed and revised when turnover occurs, it is well within the discretion of the City to consider such changes even though current personnel may not meet the new standards that will thereafter be required of applicants. It is the nature of government to evolve and to determine from past experiences what improvements are needed in order for governmental services to be delivered in a more efficient and professional manner. So long as new requirements are not retroactively imposed on current personnel and so long as such new requirements are genuinely related to the jobs on which they are imposed, the City may add such requirements. The City should be aware, however, that to the extent that an educational requirement may only be met by a particular degree, the City may have the burden of proving the business necessity for the degree in the event that a legal challenge is brought against the City based upon a discriminatory effect caused by that requirement. Concurrence: City *13w1ager