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HomeMy WebLinkAbout5169 RESOLUTION NO. 5169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA REGARDING DISABILITY RETIREMENT DETERMINATIONS FOR LOCAL SAFETY EMPLOYEES: DELEGATION OF AUTHORITY AND APPELLATE PROCESS. WHEREAS, the City of Arcadia, California (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency 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; and WHEREAS, City Council of said City has determined upon legal advice that it may delegate authority to make such determinations to the incumbent of the position of City Manager; and WHEREAS, in order to effectively process said applica- tions the City desires to establish general procedures and an appeal process; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ARCADIA BEREBY RESOLVES AS FOLLOWS: SECTION l. That the City Council delegates to the position of City Manager authority to make determinations under section 21025 of the California Government Code on behalf of the City for disability .and whether such disability is industrial and to certify such determinations with all other necessary information to the Public Employees' Retirement System. SECTION 2. That the City Manager or his designee is authorized to make applications on behalf of the City (Agency) for disability retirement of local safety member employees and to initiate reinstatement, when appropriate, for such employees who are retired for disability. SECTION 3. That the City Manager 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 4. That the following procedures are estab- lished concerning appeal from any final decision of the City Manager: a. A notice of appeal shall be filed in writing at the Personnel Department by the employee within thirty (30) days of the decision. b. After the filing of a notice of appeal, the City shall make arrangements for a hearing officer utilizing a hearing officer from the California State Office of Administrative Hearings or from another source per mutual agreement of Appellant and the City. Appellant shall share the cost of the hearing officer and reporter. c. Appellant shall be notified of a hearing date by the City. A hearing shall not take place in less than twenty (20) days from the filing of the notice of appeal with the City. Hearings shall be at the Arcadia City Hall unless another site is agreed upon by the parties. d. Subpena service, rules of evidence and other procedures as set forth in the Administrative Procedures Act at Government Code Sections ll5l0, ll5l3, ll5l5 and ll5l7 shall be applicable to Disability Retirement Hearings unless otherwise specified in this Resolution or amendments to this Resolution. The burden of proof is on the applicant for industrial disability retirement benefits. e. At the close of the proceedings (presentation of evidence and argument) before the hearing officer, the hearing is deemed'closed. Subsequently the hearing officer shall render a decision in writing which shall contain findings and conclusions. The decision shall be a proposed decision to the Arcadia City Council. f. The proposed decision shall be forwarded to the City Council for their actionata City Council meeting no later than thirty (30) days after delivery of the decision to the City. g. The City Council may deliberate on the proposed decisions in Closed Session. The City Council shall in open session either adopt the proposed decision in which case it shall be a final decision or move to review the transcript of the hearing and evidence presented. If the City Council acts to review the hearing transcript and evidence then at a subsequent Council meeting they shall again have the right to deliberate in Closed Session and then make a final decision at which time they may adopt, modify or reverse the hearing officer's decision. SECTION 5. That this resolution applies to all disability retirement applications of safety employees now pending. It supercedes prior resolutions on this issue, and the delegation of authority provided herein applies to all retirement applications now pending including those filed prior to the date of this resolution. SECTION 6. That this resolution shall take effect immediately. SECTION 7. That the Clerk of the Council shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 3rd day of April ,l984, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Haltom, Hannah, Pellegrino, and Lojeski NOES: ABSENT: Councilman Dring -2- dt;-~iL~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 3rd day of April ATTEST: dt;-n1~~ City Clerk , 1984. " of Arcadia -3-