HomeMy WebLinkAbout1982-12-21; City Council; Resolution 7102,
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RESOLUTION NO. 7102
A REsOLLJTION OFTHE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DELEGATING TO THE OFFICE OF
THE CITY MANAGER THE AUTHORITY ON BEHALF OF THE
CITY OF CARLSBAD TO DETERMINE THE NATURE OF
DISABILITIES AND TO CERTIFY SUCH DISABILITIES TO
THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM. (SECTION
21025, GOVERNMENT CODE)
WHEmAS, the City of Carlsbad, hereinafter refkrred
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 in employment in which he is 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, the City Council of the City of Carlsbad
has determined upon legal advice that it may delegate authority
to make such determinations to the incumbent of the office of
the City Manager and to the Personnel Board of the City of
Carlsbad; and
WHEREAS, by the adoption of Resolution No. 3402, the
City Council of the City of Carlsbad has previously delegated
the authority to make such determinations to the incumbent
office of the City Manager and now desires to establish the
Personnel Board of the City of Carlsbad as an appeals board
for determinations made by the City Manager;
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NOW, THEREFORE, BE IT RESOLVED, by -the City Counsil
of Carlsbad as follows:
That the City Council of the City of Carlsbad
hereby delegates to the incumbent of the office
of City Manager authority to make determinations
under Section 21025 of the California Government
Code, on behalf of the Agency, of disability and
whether such disability is industrial and to
certify such determinations and all other nec-
essary information to the Public Employees'
Retirement System.
That such incumbent City Manager is authorized
to make applications on behalf of the Agency for
disability retirement of employees in employments
in which they are local safety members and to
initiate requests for reinstatement of such
employees who are retired for disability,
That a local safety member employee may appeal
any decision of the City Manager made pursuant to
this resolution, except for those decisions which.
relate solely to the manner in which the duties
of the City Manager hereunder are performed to the
Personnel Board of the City of Carlsbad. The
Personnel Board shall, after de novo hearing on
the matter, make the determinations under Section
21025 of the Claifornia Government Code of dis-
ability and whether such disability is industrial.
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The determination of the Personnel Board shall
be final. After a determination by the Personnel
Board, the City Manager shall certify such deter-
mination by the Personnel Board, and all other
necessary information to the Public Employees'
Retirement System.
Appeals to the Personnel Board shall be made in
writing and filed with the Personnel Director
not later than fifteen days after notice of the
City Managers determination is mailed to the
employee.
shall be held at their next regularly scheduled
meeting not later than 45 days from the date of
the request unless another time is agreed to by
the parties,
That the City Clerk of the City of Carlsbad is
hereby authorized and directed to forward a
certified copy of this resolution to the Public
Employees' Retirement System,
That this Resolution shall supersedeResolution
No. 3402.
The hearing by the Personnel Board
PASSED, APPROVED AND ADOPTED by the City Council of
of Carlsbad, California, at a regular meeting held on
day of December , 1982, by the following vote, to wit: -
AYES:
NOES: None
ABSENT : :Jane
council i-rs casler, Lewis, ~ulchin, chick and LDrescmtt