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HomeMy WebLinkAbout5649 RESOLUTION NO. 5649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DELEGATING ITS AUTHORITY AND ASSIGNING THE RESPONSIBILITY TO MAKE CERTAIN DETERMINATIONS AND APPLICATIONS RELATING TO DISABILITY RETIREMENTS (LOCAL SAFETY MEMBERS) UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND TO PROMULGATE RULES AND PROCEDURES TO IMPLEMENT SUCH RESPONSIBILITY INCLUDING AN APPEALS PROCEDURE WHEREAS, the City of Arcadia, California is a contracting agency of the Public Employees' Retirement System; and WHEREAS, pursuant to Government Code section 21025 the City is required to determine if a local safety member who has filed for disability retirement is physically or mentally incapacitated for the performance of his duties and is eligible to retire for disability; and WHEREAS, pursuant to Government Code Section 21034 the city Council can delegate authority and duties regarding the processing and determination of disability retirement for local safety members; and WHEREAS, Government Code section 21025 was recently amended to require the conduction of appeal hearings by an Administrative Law Judge of the State Office of Administrative Hearings; and WHEREAS, the Public Employees' Retirement System (PERS) has advised the City via Circular Letter No. 400-282 (2-19-92) to provide for utilization of the Administrative Law Judge at the appeal hearing established for review and adjudication of the City'S initial determination regarding the issue of disability retirement; and 1 5649 WHEREAS, pursuant to applicable law, and additional authority cited by PERS, the Administrative Law Judge can be designated to preside at the hearing consistent with provisions of the state Administrative Procedures Act; and WHEREAS, to update City procedures regarding Safety Employee Disability Retirement, and to meet current legal requirements it i is necessary to repeal prior Resolutions and enact a new Resolution governing City Disability Retirement Procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council delegates to the City Manager or his designees full authority on behalf of the City to make safety employee determinations under Sections 21020 et seq. of the California Government Code, of disability, whether such disability is industrial, and related determinations, and to certify such decisions, and all other necessary information to PERS. This shall include authority by the City Manager to delegate the initial determination (decision) on disability retirement to the designated Personnel Officer or Personnel Director of the City. Further, it is resolved that the City Manager or his designee shall have the authority to hear a contested case (appeal) from the initial decision and make a final decision after a hearing presided over by an Administrative Law Judge pursuant to Government Code Section 11512(b). Consistent with this Section, the City shall be deemed to hear the case itself. 2 5649 SECTION 2. That the City Manager is authorized and directed to promulgate such written rules and procedures as appropriate to carry out this Resolution including rules incorporating, where applicable, provisions of the State Administrative Procedures Act and use of Administrative Law Judges to preside on appeals from the initial disability retirement decision of the designated City official pursuant to the rules promulgated pursuant to this Resolution. SECTION 3. That any proceeding relating to the subject matter of this Resolution shall be deemed as before the City Council for certain procedural purposes including the issuance of subpoenas. SECTION 4. That the City Manager or his designee are authorized to make applications on behalf of the City for disability retirement and to initiate requests for reinstatement, when appropriate, of such employees who are on disability retirement. SECTION 5. That the City Manager's designee for the initial decision on disability retirement may conduct a review of disability retirement applications, solicit necessary evidence, engage in investigations deemed necessary and refer applicants to city selected medical authorities, and take whatever additional steps are reasonably necessary for the required determination. SECTION 6. That this Resolution applies to all disability retirement applications of safety employees now pending. It supersedes prior Resolutions on this issue, and the delegation of authority provided herein applies to all retirement applications 3 5649 now pending including those filed prior to the date of this Resolution. All prior Resolutions pertaining to safety employee disability retirement are hereby repealed. SECTION 7. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 17thd 2. ATTEST: J ci STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5649 was passed and adopted by the City Council of the city of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of March , 1992 and that said Resolution was adopted by the fOllowing vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None J Arcadia 4 5649 CITY OF ARCADIA ROUTING SLIP Date )- To From j. ~ L ~rol 1rl 171 2- f ;2- _ Attorney _ Building _ Bus, License ~ty Clerk _ City Manager _ Finance _Fire _ Library _ Personnel _ Planning _ Police _ Print Shop _ Public Works _ Purchasing _ Recreation _ Redevlelopment _ Treasurer _Water For Your: Action Approval File ~ Information Signature Remarks: f L e It 5 e...-- 7h " 5 W17~ ~ e50 - Please: Check and advise Follow Up Return? Yes _ No _ Prepare answer ~(YI . )& {/ r CITY OF ARCADIA DISABILITY RETIREMENT PROCEDURES AND RULES FOR LOCAL SAFETY MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM Pursuant to Government Code Sections 21025 and 21034 and City Resolution No. 5649, the following Procedures and Rules are established for all pending and future Disability Retirement applications. 1. Acclication: Pursuant to California Government Code Section 21023, Application for Disability Retirement may be made by: (a) A member or any cerson acting on his behalf.' (b) The City Manager or his designated representative. Whenever the title of City Manager is hereinafter set forth in these Procedures and Rules it shall also mean and signify his designee. 2. Decisi.on of Personnel Official: The City offi,?ial charged with the management of the Personnel Department (Personnel Officer) of the City shall make a decision regarding Disability Retirement and shall forward that to the City Manager, with a copy to the affected employee, together with a copy of these Rules and Procedures by personal service or by U.S. mail. The Personnel Officer's decision shall be based upon a review of the medica.l reports, and any other relevant information concerning the facts and circumstances pertaining to the employees application. The Personnel Officer may require additional medical exams and information as deemed necessary. Such information and documentation may include, but is not limited to the employee 1 making himself available for medical examinations and executing documents for release of medical, employment and other information as required. This information gathering may include use of suppoena duces tecum and taking statements by deposition or otherwise of the employee and/or other persons. 3. Appeal Hearinq: After receipt of the decision as set forth above, a member who has applied for a Disability Retirement may petition for an appeal hearing before the City Manager. An appeal of the Personnel Officer's decision must be made within twenty (20) days of the date that said Personnel Officer's decision is either personally delivered to the member or deposited in the United states mail. said appeal shall be in writing and shall detail the basis and facts upon which the appeal is made. Unless the member requests an appeal hearing as provided herein, the city Manager shall make a determination of disability no earlier than twenty one (21) calendar days after the Personnel Officer's recommendations are either personally delivered to the member of recipient, or deposited in the United States mail. 4. Notice of Hearinq: Upon receipt of an appeal, the City Manager shall thereafter review the petition and any materials submitted by the applicant and either grant the appeal or schedule a duly noticed hearing before said city Manager to determine whether said member shall be retired for disability. Written notice of the scheduled hearing shall be given to the petitioner personally or by certified mail at least twenty (20) calendar days in advance of such hearing date. Notice shall be deemed complete 2 upon personal delivery or when said Notice is deposited in the united States Mail, whichever occurs first. Hearing dates must be scheduled in accordance with the availability of an Administrative Law Judge from the California State Office of Administrative Hearings. 5. continuance of Hearina Date: Scheduled hearing dates may be continued by the City Manager upon a written motion made at least five (5) (:alendar days prior to the scheduled hearing date, for good cause. Such written motion for continuance must be served upon the opposing party or counsel for the party. Non-availability of an Administrative Law Judge to preside over the hearing shall be an automatic basis for a continuance, consistent with the schedule of the Administrative Law Judge. 6. Representation at Hearina: The applicant-appellant shall be given the opportunity at such hearing to be heard in person or represented at all times by counsel. 7. Hearina Rules: The scope of the hearing shall be limited to the basis and facts raised in the Petition for the appeal Hearing for the purposes of determination of the nature and extent of disability, if any. (a) The City Manager shall hear the contested case. An Administrative Law Judge from the California State Office of Administrative Hearings shall preside at the hearing, rule on the admission and exclusion of evidence and advise the Agency (City Manager) on procedural issues pertaining to the hearing consistent with Government Code section l15l3(a) (b) (c). 3 (b) The applicant as moving party shall proceed first and shall have the burden of proof. Oral evidence shall be taken only under oath. (c) The proceedings at the hearing shall be recorded by a certified court reporter, or if stipulated by all parties in interest may be electronically recorded. (d) At the conclusion of the hearing, the City Manager may hold the record open, in his sole discretion, for the submission of Briefs or Points and Authorities and/or the ordering of further medical examinations and reports. (e) Unless extended by the stipulation of all parties, within thirty (30) days after the close of the record, the City Manager shall provide the parties in interest and their representatives with a decision including written Findings of Fact and Conclusions. (f) The decision of the City Manager is final and shall be subject to judicial review only within the limitation.'period set forth under Code of civil Procedure Section 1094.6. Dated: March~, 1992 APPROVED: 717k/~ JllIld4-- Michael H. Miller City Attorney 4 'l \~? )\llp C