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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
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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
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