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SICK LEAVE BENEFITS The comments of Samuel FIRE DEPARTMENT RETIREES J. Wells of the law firm RECEIVED COMMENTS of Silver & Wells, speak- ing on behalf of the Santa Ana Firemen's Benevolent Association, were received by Council, Mr. Wells urged Council to talk to the Staff of its failure to honor the City's current obligation, as the result of an appellate court decision (Marsille v. City of Santa Ana December 9, 1976), requiring the City to provide sick leave bene- fit reimbursement in instances of employees' job-related disa- bility retirement. He further stated that since the case has been litigated, unless there is a substantial change in the circumstances, the issue cannot be litigated again (doctrine of collateral estoppel); that if the people being denied sick leave benefits are required to bring suit against the City to mandate sick leave benefits, the court will not allow the City to re-litigate, and it will have to pay attorneys' fees and interest costs. He suggested that Council take another look at the situation, and instruct Staff to change its position to avoid a waste of money, time and effort. City Attorney Keith Gow stated that the Marsille case decision does have precedent value. City Manager Bruce Spragg stated that the City is continuing the same practices it followed prior to the Marsille case pending litigation of a similar case which could revise the Marsille decision; and the fact that the Marsille case was not a class action case. A motion by Councilman Bricken, seconded by Councilman Yamamoto, to receive and file Mr. Wells' remarks, and take them under con- sideration in further deliberations relating to future action, failed to carry 3:1, with Mayor Evans voting NO. (Four votes are required to carry a motion.) CA 50.20 CA 139 GOVERNMENT CODE AMENDMENT On the motion of Councilman RE SICK LEAVE BENEFITS Brandt, seconded by Coun- SUPPORT AUTHORIZED cilman Bricken, and carried 4:0 unanimously, sponsor- ship and support of an Orange County Division, League of California Cities Resolution urging amendment of Government Code Section 21025.2 which would exempt certain governmental agencies from compliance with the decision in the case of Marsille v. City of Santa Ana, was authorized. This action was recommended by City Attorney Keith Gow in his report dated July 20, 1977. CA 50.20 CA 139 CA 148.1 LEAGUE OF CITIES RESOLUTIONS Following consideration 1977 LEAGUE CONFERENCE of the recommendations SUPPORTED made by Staff, and discus- sion of some of the resolutions, support for all 21 resolutions submitted by the Orange County Division, League of California Cities was authorized, on the unanimously approved 4:0 motion of Councilman Brandt, seconded by Councilman Yamamoto. CA 148.1 RECESS Council members present. At 8:32 P.M. Mayor Evans called a recess; at 8:45 P.M. the meeting was reconvened with the same CITY COUNCIL MINUTES 283 AUGUST 1, 1977