Laserfiche WebLink
180 ATTORNEY GENERAL'S OPINIONS {VOLUME 62 <br /> APRIL <br /> The conclusion to the third question, therefore, is that where the construction 2. <br /> of offsite and onsite improvements under the provisions of section 66411.1 is not probal <br /> secured and the subdivider is no longer the owner of the parcels, a local agency catnec <br /> may deny approval for development of the parcels by their owners until the con- <br /> struction requirements have been fulfilled.' work <br /> a grea <br /> applic <br /> in the <br /> Opinion No.CV 78-95—April 17, 1979 mentJ <br /> .v <br /> SUBJECT: PUBLIC EMPLOYMENT OF THE DISABLED—Disabiliry or physi- condir <br /> {.: <br /> cal imperfection may be criteria for denying an applicant public employment physic <br /> succes <br /> if it can be shown that such criteria are reasonably related to successful job .� <br /> performance and an employer's legitimate and essential business purposes. ; <br /> Requested by: EXECUTIVE OFFICER,STATE PERSONNEL BOARD <br /> qual& <br /> Opinion by: GEORGE DEUKMEJIAN, Attorney General time. <br /> i Anthony S. DaVigo, Deputy exisrir <br /> ~• job or <br /> The Honorable Ronald M. Kurtz, Executive Officer,State Personnel Board, has predic <br /> requested an opinion on the following questions: upon <br /> Is1. May an applicant for public employment be disqualified on the basis of medic <br /> probable disability within an unacceptably short period of time? If so, what would or is c <br /> proba' <br /> F constitute an unacceptably short period of time. <br /> term <br /> 2. May an applicant for public employment be disqualified on the basis of` to per <br /> probable excessive time loss? If so, would use of sick leave in excess of the amount of thi <br /> earned, repeated lack of punctuality, or the necessity for frequent breaks in work based <br /> routine constitute excessive time loss? sive,it <br /> 3. May the selection of applicants for employment in public safety classes be Dict. <br /> limited to those who are in perfect physical condition, regardless of the ability of defini: <br /> others to perform the job? the err. <br /> s, unaccc <br /> The conclusions are: i'. <br /> emplc <br /> 1. An applicant for public employment may be disqualified on the basis of minirn- <br /> probable disability within an unacceptably short period of time. However, where r to per: <br /> such an employment criterion operates to disqualify a greater proportion of appli- minirr. <br /> cants who are physically handicapped than of all other applicants, such criterion which <br /> may be used only if the term "unacceptably short' can be defined as that period of Finall,. <br /> employment which would fail to meet the employer's legitimate and essential perfor <br /> business purposes. I <br /> s_- <br /> Since construction of the improvements primarily would be the responsibility of the `-`, beeau� <br /> subdivider and security may be required from him to insure construction, it would be rare (Aforr <br /> that persons who have purchased the parcels from the subdivider would have to complete the <br /> construction before obtaining their building permits. A Pepto, <br /> t <br />