HomeMy WebLinkAboutResolutions - No. 88-16RESOLUTION NO. 88-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DELEGATING
AUTHORITY TO THE CITY MANAGER 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 INDUSTRIAL DISABILITY RETIREMENT
DETERMINATIONS, AND RESCINDING RESOLUTIONS NO. 4034
WHEREAS, the City of Lodi (hereinafter referred to as agency)
is a contracting agency of the Public Employee's Retirement System;
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 Employee's 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, THEREFORE, BE IT RESOLVED, that the City Council
delegate and it does hereby delegate to the incumbent of the office of
City Manager authority to make determinations under Section 21023(c),
Government Code, 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. 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 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.
When it is determined that said employee is so incapacitated, the City
Manager shall further determine whether such incapacity is industrially
related.
2. Representation at Hearing. The City shall be
represented at said hearing by the Assistant City Manager. The
employee shall have the right to be represented by himself or any other
person he/she so selects.
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3. Evi._.ice 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 member is incapacitated for the
performance of duty. The results of the examination shall be submitted
to, and considered by, the City Manager 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 shall determine whether such employee is 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 by the City Manager, 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 determination.
I hereby certify that the foregoing Resolution No.88-16
was passed and adopted by the City Council of the City
of Lodi in regular meeting held February 3, 1988 by the
following vote:
Ayes: Council Members Hinchman, Pinkerton, Snider
and Olson (Mayor)
Noes: Council Members None
Absent: Council Members Reid
Alice M. Reimche
City Clerk
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