County of Santa Clara
Office of the Board of Supervisors
County Government Center, East Wing

70 West Hedding Street, loth Floor
San Jose, California 951 10
(408) 299-2323
FAX 298-8460 TDD 993-8272

James T. Beall, Jr.
Supervisor, Fourth District

MEMORANDUM
TO:

Pete Kutras

Director, Employee Services Agency
FROM:

James T. Beall, Jr.

Supervisor, District 4
DATE:

March 20, 1995

SUBJECT:

Sheriff Disability Retirement Issue

Having reviewed the -Sheriff Disability Retirement report, I have some further

questions regarding the negotiation history between the County'and the Deputy
Sheriffs' Association and the stipulations under which an employer can deny
disability retirement to an otherwise qualified safety officer.
1.

What has been the Deputy Sheriff's Association (DSA) position regarding this

issue? How willing are they to explore other job opportunities for disabled

sheriffs. What proposals has the County given to DSA in the past?
2.

According to the American Disabilities Act an employer can deny disability
retirement to an otherwise qualified safety employee if the employer provides a

suitable modified position meeting stringent requirements, such as, the officer

will have the same promotional opportunities as other employees in the police
officer classification. How flexible is the interpretation of "the same promotional

opportunities"? Can an officer be transferred or retained into positions such as
probation councilors or caseworkers with similar promotional opportunities?
3.

In San Diego County there is a program in which officers are offered early
retirement and then re-hired into positions that they could not have previously
transferred into. Is a similar program possible for Santa Clara County?

I believe it should be our goal to retire the officers that can no longer be a productive
contribution to the County and find fulfilling justifiable work for those who are still

able. Any efforts that can be made to help achieve this goal will be greatly

appreciated.

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