HomeMy WebLinkAboutAgenda Report - January 17, 2018 I-01CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA ITEM
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AGENDA TITLE: Adopt Resolution Delegating Authority to Make Determinations Regarding
Industrial and Non -Industrial Disability Retirements Pursuant to Government Code
§ 21173, and Rescinding Resolution No. 97-149
MEETING DATE: January 17, 2018
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION:
Adopt resolution delegating authority to make determinations
regarding Industrial and Non -Industrial Disability Retirements
Pursuant to Government Code § 21173, and rescinding resolution
No. 97-149.
BACKGROUND INFORMATION: Government Code § 21173 of the California Public Employees'
Retirement Law (PERL) provides the governing body of a
contracting agency the ability to delegate authority to make
determinations regarding industrial and non -industrial disabilities to a subordinate officer. In 1975, the
City Council approved the first of several resolutions delegating authority to the City Manager, or his/her
designee. The City Manager has subsequently delegated such authority to the Deputy City Manager and
to the Human Resources Manager.
At its September 17, 1997 meeting, Council adopted Resolution No. 97-149, implementing changes to
the Government Code and correcting the specific job classifications that were delegated by the City
Manager to make determinations. The City has been submitting retirement applications pursuant to
Resolution No. 97-149 for industrial and non -industrial disability determinations since 1997.
Recently, a Retirement Program Specialist from the Local Safety and Support Unit of CaIPERS notified
City staff that Resolution No. 97-149 was not signed by the highest authority of our governing body and
was not valid. The Retirement Program Specialist advised staff that the resolution was signed by the City
Clerk; however, it should have been signed by the Mayor and recommended that the City Council adopt
a new resolution signed by the Mayor.
Staff recommends Council adopt a new resolution delegating the authority to make determinations
regarding Industrial and Non -Industrial disability retirements signed by the Mayor and rescind resolution
No. 97-149.
FISCAL IMPACT: Not Applicable
FUNDING AVAILABLE Not Applicable
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Ad'le Post, Human Resources Manager
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Andrew Keys, Deputy y Manager/Internal Services Director
APPROVED:
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chwa•a & 1ty Manager
RESOLUTION NO. 2018-06
A RESOLUTION OF THE LODI CITY COUNCIL
DELGATING AUTHORITY TO MAKE DETERMINATIONS
REGARDING INDUSTRIAL AND NON -INDUSTRIAL
DISABILITY RETIREMENTS PURSUANT TO GOVERNMENT
CODE §21173 AS CERTIFIED BY THE MAYOR, AND
RESCINDING RESOLUTION NO. 97-149
WHEREAS, the City of Lodi is a contracting agency of the Public Employees'
Retirement System (PERS); and
WHEREAS, the City has been submitting applications for Industrial and Non -
Industrial Disability retirements to PERS under Resolution No. 97-149, which delegates
authority to make determinations pursuant to Government Code §21173, since 1997;
and
WHEREAS, PERS staff notified the City that Resolution No. 97-149 is invalid
because it was not signed by the highest ranking authority of our governing body and
requires that the Resolution be approved by City Council and signed by the Mayor.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
delegate authority to the City Manager, or designee, to make determinations regarding
Industrial and Non -Industrial Disability retirements pursuant to Government Code
§21173 and rescinds Resolution No. 97-149.
Dated: January 17, 2018
I hereby certify that Resolution No. 2018-06 was passed and adopted by the Lodi
City Council in a regular meeting held January 17, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
JOANNE MOUNCE
Mayor Pro Tempore
2018-06