2002 AGN MAY 07 I19 - Laserfiche WebLink

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Item #19 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF May 7, 2002 TO: Honorable Mayor and City Council APPROVAL: Daryl Parrish, City Manager FROM: City Attorney SUBJECT: Request for Amicus Curiae Support in Metropolitan Water District v. Superior Court of California (Cargill) DATE: April 26, 2002 BACKGROUND: From time to time, public agencies seek the City's support as an amicus curiae ("friend of the court"). There is no cost to the City to participate as an amicus curiae. The Metropolitan Water District of Southern California ("MWD") is requesting support for its amicus brief regarding this case which changes the interpretation of the Public Employees Retirement Law ("PERL") and could adversely affect all public agencies that utilize the services of temporary workers. DISCUSSION/ANALYSIS: Since 1945, MWD, a public agency, has contracted with the California Public Employees Retirement System ("CaIPERS") to provide pension, retirement and other benefits to MWD's employees. MWD brought in new workers by obtaining them through private contract providers ("Providers"). The new workers were made employees of the Providers, not MWD. The workers signed employment contracts with the Providers which stated they were not employees of MWD. The workers were classified as "temporary independent contractors" and similar terminology. The workers, later joined by CalPERS, sued MWD and the Providers. The case sought class certification and argued the workers were common-law MWD employees under PERL. The trial court ruled that MWD was required to enroll all common-law workers in CaIPERS. MWD contends that the workers do not fit the statutory definition of "employee" under PERL. MWD petitioned for a writ of mandate on this issue to the Court of Appeal. The Court of Appeal denied the petition and ruled in favor of the workers. RVPU6VCXM\631265