HomeMy WebLinkAboutAgenda Report - July 1, 1992 (60)or
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CITY OF LORI COUNCIL COMMUNICATION
AGENDA TTTI,E: Rescind Res. 91-189 and adopt a new resolution for industrial
I
Disability Determinations,
IEETI�G DATE: July 1, 1992
PREPARED RY: Personnel Director
tECOO ENDED ACTION: That the City Council approve the new Resolution for a
Procedure on Industrial Disability Determinations.
3ACKGROUND INFORMATION: The Public Employees Retirement System (PERS) has
informed all contracting agencies of n recent n".ndrrment to
Government Code Section 21025. This snc t. i nn now requ 1 res
agencies to conduct. a hearing in accordance with the
ldministrative Procedures Act when a local safety member npp-eals the agency's init.inl
lisability determination, The misting procedure has hc,en nmmendpd to include an
informal determination process and to comply with the Administrative Procedures Act.
?UNDING: None required.
U
Joanne M. NnrIoch
Personnel Director
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:C9212/TXTA, 04 P
APPROVEDr.`— _
A
THOMAS A. PETERSON
City Manager
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RESOLUTION NO. 92-115
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DELEGATING AJ-NORITY
TO THE CITY MANAGER OR HIS DESIGNEE PURSUANT TO SECTION 21034 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO MAKE DETERMINATIONS
REGARDING INDUSTRIAL DISABILITY RETIREMENTS THEREUNDER, TO ESTABLISH A
PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DE-rZRMIRAT IONS,
AND RESCINDING RSSOL,7r1ON NO. 91-189.
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WHEREAS, the City of Lodi (hereinafter referred to as "agency")
is a contracting agency of the Public Employees' Retirement System
(PERS) ;
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.
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.
NOW, TKER8FOU , BB IT RESOLVED, that the City Council delegate
and it does hereby delegate the City Manager, or his designee,
authority to make determinations under Government Code Section 21034.
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 is 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.
BE IT RESOLVED FURTHER, that the disability retirement
certification procedure for local safety members be as follows:
1. An initial determination will be made by the City upon medical and
other available evidence offered by either the applicant or the City to
determine whether the applicant is incapacitated from the performance
of duty. Such determination shall be made no later than six months
from the date of the application unless this time requirement is waived
in writing by the applicant. Said determination shall be made by the
Personnel Director, designated by the City Manager.
a. if it is determined by the ci y that the applicant is
incapacitated, and the incapacity is industrial, the City Manager will
so certify to PBRS.
b. If it is determined by the city that the applicant is
incapacitated but that the cause of incapacity is nonindustrial. the
City Manager will so certify to PERS.
C. If it is determined by the city that the applicant is
incapacitated, but the applicant contends that the cause of disability
is industrial, the applicant may petition the Workers, Compensation
Appeals Board (WCAB) for a Finding of Fact determining causation.
when the WCAB determines the cause of incapacity is industrial or
nonindustrial the city will so certify to PERS,
d. If the city determines that the applicant is not incapacitated
from the performance of duty, it shall notify the applicant of this
determination. The city shall notify the applicant by certified mail
(return receipt requested) or by personal service of its intent to
certify to PERS its findings that the applicant is nat incapacitated.
The applicant will be further advised that he or she has thirty
calendar days within which to advise the city that the applicant
requests a hearing.
2. If the applicant requests a hearing, said hearing shall be held in
conformity with the Administrative Procedures Act. When an applicant
requests a hearing, the city will notify the Office of Administrative
Hearings and will request a hearing date and a pre -hearing conference
with an Administrative Law Judge. The applicant will be informed that
the hearing will be held at the time and place designated by the Office
of Administrative Hearings which shall set a hearing date and
pre -hearing conference. The applicant will be informed that the
hearing will be held within six months of the application date baaed
upon the evidence which is available as of that time. The applicant
may waive the right to a hearing within six months.
The hearing shall be conducted before the Assistant City Manager with
the Administrative Law Judge acting as the presiding officer.
An administrative record shall be generated at the hearing pursuant to
the Administrative Procedures Act. All testimony shall be recorded by
a Certified Shorthand Reporter.
Following the hearing a decision and findings of fact will be made by
the Assistant City Manager. The decision and findings will be served
on the applicant by certified mail.
If applicant is found to be incapacitated the city shall so certify to
PERS. If applicant is found not to be incapacitated the applicant will
be further advised that he or she has thirty calendar days within which
to seek judicial review. Such review is by means of filing a Petition
for Writ of Mandate in the Superior Court of San Joaquin County.
Dated: July 1, 1992
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RES92115/TXTA.02J
I hereby certify that Resolution No. 92-215 was passed and
adapted by the Lodi City Council in a regular meeting held July 1,
1992 by the following vote:
Ayes= Council Members - Hinchman, Sieglock, Snider and
Pinkerton (Mayor)
Noes= Council Members - None
Absent: council Members - Pennino
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Alice M. Re�
City Clerk
92-115
RSS92115/TXTA.02J
CITY COUNCIL
MMES W. PINKERTON, Mayor
P14ILLIP A PENNINO
Mayor Pm Tempore
DAVID M. HINCHMAN
JACK A. SIEGLOCK
JOHN R. (Randy) 94DER
.7u1y 7, 1992
CITY OF-LODI
CITY HALL, 221 VNEST PINE STREET
P.O. EDC 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
FAX 1209) 711679S
Cheryl. Salvador
Public Employees' Retirement Systen
P.O. Box 942711
Sacramento, CA 94229-2711
Dear Hs. Salvador;
THOMAS A PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
809 McNATT
City Anorncy
RE: Resolution No. 92-115
Rescinding Res. 91-189
Enclosed is a certified copy of the City of Lodi Ia new resolution on
determining safety officers' industrial disability retirements.
Should you have any questions regarding the attached resolution, please
give me a call.
Sincerely.
r •1�fi�-t,�L
Joanne M. Narloch
Personnel Director
Enc .
cc:;- City -Clerk
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