COUNTY OF SAN MATEO

Inter-Departmental Correspondence

DATE:

BOARD MEETING DATE:

May 24, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Mark Church

Supervisor Richard Gordon

SUBJECT:

Ordinance Requiring County Contractors to Pay for Employees’ Jury Service

RECOMMENDATION:

Adopt an ordinance requiring specified County contractors to pay their full-time employees their regular pay for at least five days of jury service in San Mateo County.

VISION ALIGNMENT:

Commitment: Leaders work together across boundaries to preserve and enhance our quality of life.

Goal(s): Residents express their support for regional, collaborative approaches to issues.

Performance Measure(s): There are no performance measures in connection with this ordinance.

BACKGROUND:

Jury service is an important and vital contribution to the legal system and a significant connection between the County and County residents. Having a variety of people available to serve on juries is important to the fairness of the judicial system. The County permits its own employees unlimited jury service at their regular pay. While state law mandates that employers permit employees to have time off for jury service, most employers do not offer compensation to employees who serve on juries. This results in a potential financial hardship for employees who do not receive pay when called to jury service. These employees often seek to be excused from having to serve on a jury. As a result, the Court has expressed interest in having an ordinance requiring businesses who contract with the County to pay employees called for jury service. The County of Los Angeles has adopted such an ordinance. That ordinance was challenged by a contractor which was denied a contract because it did not comply with the Los Angeles ordinance requiring payment for jury service. The Court of Appeal ruled that the ordinance was a proper exercise of the County’s contracting power.

DISCUSSION:

This ordinance would require certain businesses with County contracts to pay full time employees for at least five days of jury service in San Mateo County. The ordinance includes only those business with contracts of $100,000 or more since that is the threshold amount of contracts approved by the Board itself and would thereby exclude businesses with incidental contact with the County. In addition, the ordinance allows exceptions to be made when it is in the best interest of the County. It is proposed that this ordinance be introduced and brought back for final action at the July 26, 2005 meeting to allow time for receipt of comments from the affected businesses.

FISCAL IMPACT:

There will be no fiscal impact on the County.