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HomeMy WebLinkAbout6200 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: 1 6200 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. 2 6200 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. 3 6200 . SECTION 8. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 21st day of November, 2000. ~~4 . IiHh1A/~' May, ofth ity of Arcadia ATTEST: ,. " ~ ~ APPROVED AS TO FORM: ~e~ City ttomey of the City of Arcadia 4 6200 '. 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 . ~ 5 6200