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RESOLUTION NO. 6200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 5649,
DELEGATING ITS AUTHORITY TO MAKE CERTAIN
,
DETERMINATIONS ON APPLICATIONS RELATING TO
DISABILITY RETIREMENTS OF LOCAL SAFETY MEMBERS AND
TOPROMmLGATERULES AND PROCEDURES TOINWLEMENT
SUCH ~SPONSIBILITY, AND ADOPTING APPEALS
PROCEDURES
WHEREAS, City Council Resolution No. 5649, adopted on March 17, 1992,
delegates to the City Manager or his designee the authority and assigns the
responsibility to make initial determinations on disability retirement applications of
local safety members, hear contested cases (appeals) from such initial determinations
and make final decisions after a hearing presided over by an administrative law judge,
and promulgate rules and procedures to implement such responsibility; and
,
WHEREAS, the City Council, based on the advise of legal counsel, desires to
revise and clarify the method by which determinations on disability retirement
applications are made, including the extent of any delegation of authority to make such
determinations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
"
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
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SECTION 1. That the City Council hereby repeals Resolution No. 5649.
SECTION 2. That the City Council delegates to the City Manager or his
designee full authority on behalf of the City to make initial safety employee
determinations, under Sections 21150, et seq., of the California Government Code, of
disability, of whether such disability is industrial, and related determinations and to
certify such decisions, and all other necessary information to Public Employee
Retirement System ("PERS"). This shall include the authority of the City Manager to
delegate the initial determination (decision) on disability retirement.
SECTION 3. That in contested cases (appeals) from the initial decision, a
hearing presided over by an administrative law judge pursuant to Government Code
section 11512 shall be conducted. Prior to such an appeal hearing, the City Council
shall determine whether the administrative law judge is to hear the case alone or
whether the City Council is to hear the case with the administrative law judge. To
assist the City Council in determining whether the administrative law judge is to hear
the case alone or whether the City Council will hear the case with the administrative
law judge, each interested party shall, upon request by the City Council, submit to the
City Council a brief statement of contested issues, a list of witnesses that it intends to
call at the hearing, and a list of documents and exhibits that it intends to present at the
hearing.
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SECTION 4. That the City Manager is authorized and directed to promulgate
such written rules and procedures as appropriate to carry out this Resolution, provided
however, that any rules governing contested cases (appeals) from the initial decision
must conform to requirements of the Administrative Procedures Act, Government
Code, Title 2, Division 3, Part 1, Chapters 3.5, 4, 4.5 and 5.
SECTION 5. That the City Manager or his designee is 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 6. That the City Manager or his 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 7. That this Resolution applies to all disability retirement
applications of safety employees now pending or hereafter filed, and supersedes prior
Resolutions on this issue.
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. SECTION 8. That the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 21st
day of November, 2000.
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May, ofth ity of Arcadia
ATTEST:
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APPROVED AS TO FORM:
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City ttomey of the City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No 6200 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 21st day of November, 2000 and that said Resolution was
adopted by the following vote, to wit:
A YES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic
NOES: None
ABSENT: None .
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