HomeMy WebLinkAboutAgenda Report - October 16, 1991 (75)WM0
C*W,,0"F CITY OF LODI
V J
COUNCIL COMMUNICATION
AGENDA TITLE: Resolution Authorizing Assistant City Manager to Execute Publ is
Employees' Retirement System Documents on Behalf o f the City of
Lodi
M� DATE: October 16, 1991
PREPARED BY: Assistant City Manager
RECOMMENDED ACTK)N The City Council adopt the attached resolution which
authorizes the Assistant City Manager to act on the
City's behalf in certain Public Employee Retirement
System (PERS) matters.
BACKGROUND P4CRMAIION There are a number of procedures regarding safety
disability retirements that require a specified person
to act. The City Council has authorized the City Manger
to act on behalf of the City. For years the Assistant
City Manager has been acting for the City Manager. Whether PERS is tightening
their procedures or the person reviewing our documents is following the letter
of the law, documents are being returned because of improper signature.
Council is therefore requested to grant to the Assistant City Manager the
authority to act for the City and execute the appropriate documents on behalf of
the City of Lodi.
R141ST(^' None required
JLG:br
Attachment
CCCOM339/TXTA.07A
APPROVED:
Respectfully sub itted,
Jerry L. Glenn
Assistant City Manager
/fps_ LA#
THOMAS A. PETERSON
City Manager
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RESOLUTION NO. 91-189
A RESOLI_ M%; OF THE 1-011 CITY CIOUN(M
I�T�3ATWj AUTHORITY TO THE CITY MANAGER AND ASSISTANT CITY MANAGER
PURSUANT TO SECTION 21034 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA TO MAKE DEI RNMM-8 RBaARDkU � MSTRIAL DISABILITY
REIROVENB THEREUNDER, TO ESTABLEH A PROCEDURE REIAIM TO P4XJSIR1AL
DISABILITY RETIIZEM N17 DETFRNMTIONS; AND RDSCIlOM RES LLTIION
NO. 88-16.
WHEREAS, the City of Lodi (hereinafter referred to as "agency")
is a contracting agency of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency in
employment in which he/she is classified as a local safety member is
disabled for purposes of the Public Employees' Retirement Law and
whether such disability is "industrial" within the meaning of such law;
and
WHEREAS, the City Council has determined upon legal advice that
it may delegate authority under Section 21034 of the Government Code to
make such determinations to the incumbent of the office of City Manager
and Assistant City Manager;
NOW, THEREFORE, BE IT RESOLVED, that the City Council delegate
and it does hereby delegate to the incumbent of the office of City
Manager and Assistant City Manager authority to make determinations
under Government Code Section 21023(c) on behalf of the agency, of
disability and whether such disability is industrial and to certify
such determinations and all other necessary information to the Public
Employees" Retirement System; and
BE IT FURTHER RESOLVED, that the City Manager or Assistant City
Manager are authorized to make applications on behalf of the agency for
disability retirement of employees in employments in which they are
local safety members and to initiate requests for reinstatement of such
employees who are retired for disability; and
BE IT FURTHER RESOLVED, that the disability retirement
certification procedure for local safety members be as follows:
1. Determination of Disability. Whenever an application for
disability retirement is filed with the Public Employees' Retirement
System (PERS) by any party, for disability retirement of a local safety
member, as that term is defined by the applicable provisions of state
law, the City Manager or Assistant City Manager shall thereafter
conduct a hearing to determine whether said employee is incapacitated
physically or mentally for the performance of the duties of his/her
position. Wlul it is determined t h a t said employee is so
incapacitated, the City Manager or Assistant City Manager shall further
determine whether such incapacity is industr ally related.
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nccni1on/TVTn n71
2. Representation a t Hearing.
a t said hearing by the Assistant City
The employee shall have the right to be
other person he/she so selects.
The City shall be represented
Manager or Personnel Director.
represented by himself or any
3. Evidence of Disability. Prior to notice of
hearing,
the
City shall, upon
receipt of an application for disability
retirement
of
a member, order
a medical and/or a psychiatric examination to determine
whether the nvnixy
is incapacitated for the performance
of duty.
The
results of the
examination shall be submitted to, and
considered
at
said hearing.
The employee shall have the right to submit
any
independent medical
evidence at said hearing.
In addition, either party may submit any other and additional
evidence, either oral or documentary, which is relevant to the
determination as to whether the employee is incapacitated, physically
or mentally, for the performance of the duties of his/her position.
4. Decision. Based upon the evidence presented, the City
Manager or Assistant City Manager shall determine whether such employee
i s incapacitated physically or mentally for the performance of the
duties of his/her position, and whether such incapacity is a result of
injury or disease arising out of and in the course of employment as a
local safety member. If termination of employment for incapacity
physically or mentally is made, such determination shall be certified
to PERS which will then process the disability retirement.
5. Appeal, If -the employee wishes to appeal the determination
of capacity, he/she may file written notice of such appeal within 90
days, requesting an administrative hearing before the Personnel Board
of Review. The Personnel Board of Review procedures shall be in
conformity with the Administrative Procedure Act in which an
administrative record will be generated at the hearing. That body will
review all evidence the City or the employee wishes to submit. The
Personnel Board of Review retains the right to make factual
determinations and render a final decision on the disability status of
the employee. Following the conclusion of the hearing, the Personnel
Board of Review shall prepare the findings and transmit those findings
by way of certification to PERS.
If the Personnel Board of Review determines that the employee is
not incapacitated, and the employee wishes to appeal the ruling of the
Board, he/she may file a petition for writ of mandate in the Superior
Court of San Joaquin County within thirty days from date of the
determi nation; and
FURTHER RESOLVED, Resolution 88-16 is rescinded upon adoption of
this resolution.
Dated: October 16, 1991
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nrrn,tinnirvrn not
I',' -
I hereby certify that Resolution No. 91-189 was passed and
adopted by the Lodi City Council in a regular meeting held October 16,
1991 by the following vote:
Ayes : Council Members - Pennino, Pinkerton, Sieglock, Snider
and H i nchman (Mayor)
Noes : Council Members - None
Absent: Council Members - None
�'4wk)
Al i c e M. Rennche
City Clerk
91-189
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OCCQIIRO/TYT6 n7,1