HomeMy WebLinkAboutResolutions - No. 4034RESOLUTION NO. 4034
RESOLUTION OF TRE CITY COUNCIL OF THE CITY
OF LODI
WHEREAS, the City of Lodi (hereinafter referred to as
Agency) is a contracting agency of the Public Employees' Retirement
System;
WHEREAS, the Public Employees' Retirement Law re-
quires that a contracting agency determine whether an employee of
such agency in employment in which he 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 Lodi City Council has determined upon legal
advice that it may delegate authority to make such determinations to
the incumbent of the office of City Manager;
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Lodi delegate and it does hereby delegate to the incumbent
of the office of City Manager authority to make determinations under
Section 2 1023.6, Government Code, on behalf of the Agency, of disa-
bility and whether such disability is industrial and to certify such de-
terminations and all other necessary information to the Public Employees'
Retirement System; and,
BE IT FURTHER RESOLVED, that such incumbent be and he
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
procedure for Safety Employees be as follows:
1. Determination of Disability. Whenever an application
for disability retirement is filed with the Public Employees' Retirement
System, 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 position. When it is determined that said employee is
so incapacitated, he shall be terminated or placed on disability retirement
status.
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 so selects.
3. Evidence of Disability. Prior to the notice of hear-
ing, the City shall submit to the employee a list of not less than
three (3) doctors, chosen by the City, from which list the employee
shall select one doctor to whom he shall immediately thereafter
report for medical and/or psychiatric examination, depending upon
the nature of the alleged disability. The results of such examination
shall be submitted to, and considered by, the City Manager at said
hearing. The employee shall have the right to submit any indepen-
dent medical evidence he desires 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
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 this position
and, if' termination of this employment for that reason is made, he
shall immediately thereafter notify the Public Employees' Retirement
System of his decision.
5. Appeal. If the employee wishes to appeal the ruling of
the City Manager he may file written notice of such appeal requesting
a hearing before the Personnel Board of Review. That body will
review all evidence presented to the City Manager and any additional
evidence either the City or the employee wishes to submit. The deci-
sion of the Personnel Board of Review shall be final and conclusive.
Dated: February 5, 1975
I hereby certify that the foregoing Resolution No. 4034
was passed and adopted by the City Council of the City
of Lodi in regular meeting held February 5, 1975 by
the following vote:
Ayes: Councilmen - EHRHARDT, HUGHES, .KATNIGH,
SCHAFFER and. PINFERTON
Noes: Councilmen - None
Absent: Councilmen - None
Alie'1VI.eirnche
4034 City Clerk