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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
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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
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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.
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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
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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
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Arcadia
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5649
CITY OF ARCADIA
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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
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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
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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).
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(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:
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Michael H. Miller
City Attorney
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