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o <br />~, ~~t~ ~~~r~a~eE~' ~e#~xE~e~t~ ~~~te~ <br />1103 CITY HALL <br />LOS ANGELES. 12, CALIFORNIA <br />June 12, 1g~+5 <br />Erma Keeler, City Clerk <br />3pnta Ana, California <br />Dear Madam: <br />BOARD OF ADMINISTRATION <br />JULIUS V. PATROSSO <br />PRESIDENT <br />JOSEPH E. HOPPER <br />VICE-PRESIDENT <br />LUTHER C, ANDERSON <br />WM. J. McNICHOLS <br />L. J. THOMPSON <br />ROBERT J. STAHL <br />MANAG ER•S ECR ETARY <br />In response to your request, I have considered the ques- <br />tian submitted in your letter to me under date of June ~, 1g~+5 <br />as to whether an employee who works less than 50 percent of the <br />time or Taho has been employed less than six months is entitled <br />to vote at the coming employee election. <br />Sec, 3~ (c) 1 of the Act speaks of an election <br />"to permit the employees proposed to be included in the <br />retirement system to express by secret ballot their <br />approval or disapproval of said retirement proposal .'I <br />3o far as the employee with less than six months city service is <br />concerned, it is my opinion that he is entitled to vote because <br />he will automatically become a member of the system upon the comple- <br />tion of six months service. <br />Frankly, I do riot feel so certain of a firm opinion with <br />respect to employees working less tr.~n half time, although I am <br />inclined to the opinion that under sectior. 3~ of the Act such <br />employees are not eligible for me~nbershi?~ and therefore should not <br />vote. The section spews of employees serving on a part-tide <br />basis unless they were members July 1, 19.1. Obviously, the Act <br />is referring only to state employees, but for purposes of defini- <br />tion, *ahen we consider the case of a municipality, a person who <br />~~ ula be within the definitior. for state employment would be <br />T~~ithin the definition for city employment. Employees serving on <br />a part-tide basis do not become members unless their employment is <br />regular and continuous and will extend for more th~;n oneyear <br />"end requires service for at least one-half the time <br />required of employees in the same group or class, serving <br />on a Pull-tide basis.' <br />I incline to the opinion that this language T~~ould operate to <br />exclude any person working less than half tine. <br />Practical considerations lead me to ask hots many such <br />employees there might be. If there were a very small number, the <br />probabilities are that their votes would not affect the decision <br />