COUNTY OF SAN MATEO

BOARD OF SUPERVISORS

 

DATE:

July 18, 2005

BOARD MEETING DATE:

July 26, 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 employees for up to 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:

On May 24, 2005, an ordinance was introduced which would require certain businesses which contract with the County to pay a full time employee for at least five days of jury service in San Mateo County. This ordinance would apply to contractors that have contracts with the County of $100,000 or more and, similar to the equal benefits ordinance, it allows exceptions to be made when it is in the best interests of the County. At that time, the second reading was scheduled for July 26 so that a questionnaire could be sent to the affected businesses to determine if any changes are required for effective administration of the ordinance.

 

This ordinance was introduced after the Court expressed interest in having an ordinance requiring businesses which contract with the County to pay employees called for jury service. 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 their pay when called to jury service. A copy of the prior Board memorandum for introduction of the ordinance is attached.

 

DISCUSSION:

A survey letter was sent to 545 businesses which have contracts with the County. Since that time through Friday July 15, 2005, eighteen responses have been received, by letter and by e-mail, with eight negative responses and eleven positive responses. All but one of the companies or organizations with no objection stated that they already provide pay for jury duty, from 5 days to 15 days. The one supporting organization which did not already have such a policy limited their support to an ordinance with no more than five days of paid service. The negative responses commented on the added cost of the payment to employers, and two suggested that the ordinance apply only to businesses with contracts with a higher threshold contract amount and to businesses with 50 or more employees. Having reviewed the responses to the survey we continue to recommend adoption of this proposed ordinance.

 

FISCAL IMPACT:

There is no fiscal impact on the County.